UCSB  LIBRARY 


THE  NEW  CANON  LAW 


A  Commentary  and  Summary  of  the 
New  Code  of  Canon  Law 


By 

Rev.  STANISLAUS  WOYWOD,  O.F.M. 


With  a  Preface  by 
Right  Rev.  Mgr.  PHILIP  BERNARDINI,  J.U.D. 

Professor  of  Canon  Law  at  the  Catholic  University, 
Washington 


New  Edition,  Augmented  by  Recent  Decrees 
and  Declarations 


NEW  YORK 
JOSEPH  F.  WAGNER   (Inc.) 

LONDON:   B.  HERDER 


FR.  BENEDICT  BOEING,  O.F.M. 
FR.   BENEVENUTUS  RYAN,  O.F.M. 


3raprtnu 

FR.  EDWARD  BLECKE,  O.F.M. 

Minister  Provincialis 
JULY  1,  1918 


ARTHUR  J.  SCANLAN,  S.T.D. 

Censor  Librotum 


Jtn^riutatur 

^,  JOHN  CARDINAL  FARLEY 

Archbishop  of  New  York 


NEW  YORK,  JULY  3,  1918 


Copyright,  1918,  by  JOSEPH  F.  WAGNER,  New  York 


PREFACE 

For  several  months  past  the  articles  by  Father  Stanislaus 
Woywod  in  the  Ecclesiastical  Review  have  informed  the 
clergy  of  the  most  important  features  of  the  new  Code  of 
Canon  Law.  The  same  author  now  gives  to  the  public  a 
Summary  and  Commentary  of  the  whole  Code.  As  the 
present  volume  is  published  mainly  with  a  view  of  the  needs 
of  the  clergy  engaged  in  the  care  of  souls,  the  bulk  of  the 
book  has  been  kept  as  compact  as  possible ;  wherefore  in  such 
places  only  where  explanation  and  comment  seemed  neces- 
sary they  have  been  given,  and  in  as  brief  a  form  as  possible. 
Chapters  which  are  not  needed  by  every  priest  have  been 
mentioned  only  with  few  words  and  en  passant,  as  it  were. 
The  fourth  and  the  fifth  Book  have  been  summed  up  very 
briefly,  giving  the  most  important  points  of  legislation  con- 
tained therein.  A  very  complete  Index  will  make  it  easy  to 
find  any  desired  point  of  law. 

We  heartily  congratulate  Father  Woywod  on  the  good 
work  and  trust  that  the  clergy  of  the  United  States  will  be 
pleased  to  find  in  this  volume  a  welcome  means  of  acquiring 
the  necessary  knowledge  of  the  new  legislation  of  the 
Church. 

Dr.  PHILIP  BERNARDINI 

Professor  of  Canon  Law  at  the  Catholic  University 
Washington,  D.  C. 


INTRODUCTION 

When  on  May  the  twenty-seventh,  1917,  a  new  Codex  Juris 
Canonici  was  promulgated  by  Papal  Bull,  this  memorable  event 
marked  the  happy  conclusion  of  a  revision  of  the  Code  of  Law 
for  the  Catholic  Church  which  had  taken  thirteen  years  of  the 
most  painstaking  work  on  the  part  of  a  large  number  of  erudite 
scholars  and  specialists  in  Canon  Law.  The  new  Code  is  truly 
a  monumental  work,  the  magnitude  of  which  will  be  apparent 
when  thought  is  given  to  the  truly  gigantic  task  of  revising  and 
coordinating  all  the  existing  Church  laws,  including  the  laws  of 
all  ages  since  the  times  of  the  primitive  Church,  eliminating  all 
those  that  have  dropped  out  of  use,  or  that  have  been  revoked  or 
suspended  in  the  course  of  the  centuries.  Never  before  in  the 
history  of  the  Church  was  such  a  compilation  on  the  same  im- 
mense scope  attempted.  During  the  Middle  Ages  various  Popes 
caused  official  collections  made  of  laws  that  had  been  enacted 
within  a  limited  period  of  years,  but  never  before  was  the  entire 
legislation  of  the  Church  unified  and  codified  as  it  has  now  been 
done  in  the  new  Codex. 

The  Papal  Bull  decreed  that  the  new  book  of  law  was  to  go 
into  effect  on  Whitsunday,  May  the  nineteenth,  1918.  The  period 
of  time  allowed  before  a  new  law  after  its  official  promulgation 
goes  into  force  is  known  in  the  terminology  of  Canon  Law  as  the 
vacatio  legis.  Canonists  have  generally  held  that  for  all  laws  pro- 
mulgated by  the  Holy  See  two  months'  time  is  granted  before  in 
places  outside  the  City  of  Rome  the  obligation  of  observing  the 
law  begins.  For  very  remote  countries  even  a  longer  time  has 
been  conceded,  in  order  to  let  the  knowledge  of  the  law  become 
sufficiently  disseminated  to  make  its  enforcement  possible.  In 
more  recent  times  the  Holy  See  has  in  important  laws  frequently 
specified  the  period  of  the  vacatio  legis,  as  for  instance  in  the  case 
of  the  decree  Ne  Temere  which  was  published  about  eight  months 
before  it  was  to  be  enforced.  The  general  principle,  however, 
valid  in  civil  law  as  well  as  in  Canon  Law,  is  that  it  is  the  duty 
of  subjects  to  keep  themselves  informed  through  the  ordinary 
channels  of  information,  as,  for  instance,  official  magazines  and 
papers,  what  laws,  amendments,  decisions,  etc.,  have  been  enacted 


vi  THE  NEW  CANON  LAW 

by  the  authorities.  It  is  not  necessary,  hence,  that  the  bishop  an- 
nounce to  his  clergy  the  laws  and  regulations  passed  by  the  su- 
preme authority  of  the  Church,  nor  can  it  be  said  that  this  is  his 
duty,  though  for  uniformity  of  action  on  part  of  the  clergy  of  a 
diocese  it  is  advantageous  that  the  bishop  announce  to  his  priests 
the  important  new  laws  with  direction  to  make  them  known  on 
one  and  the  same  day  to  the  people  throughout  the  diocese. 

The  purpose  of  the  new  Codex  is,  to  supersede  all  existing 
collections  of  papal  laws,  whether  contained  in  the  various  official 
compilations  published  with  the  special  approval  of  former 
Popes,  or  in  the  volumes  of  decrees  and  declarations  published  by 
the  various  Roman  Congregations,  or,  finally,  in  the  many  exist- 
ing private  collections  of  papal  laws.  Only  in  those  instances  in 
which  the  new  Code  expressly  declares  that  a  former  law  on  a 
specified  subject  is  to  be  retained,  are  former  laws  to  continue  in 
force.  Instances  of  this  kind  are  discussed  in  the  course  of  the 
present  volume. 

The  benefit  of  the  new  Code  is  inestimable,  and  it  will  go  far 
toward  unifying  and  strengthening  the  activities  of  the  Church, 
by  effecting  a  more  uniform  course  of  action  in  all  the  important 
details  of  the  Church's  life.  Let  no  one,  however,  labor  under 
the  impression  that  the  Code  means  the  legislation  of  the  Supreme 
Head  of  the  Catholic  Church  has  now  come  to  an  end.  An  or- 
ganization like  the  Catholic  Church,  living  and  laboring  in  the 
great,  wide  world,  and  guiding  millions  of  people  of  all  races  in 
the  way  of  truth,  must  needs  adapt  her  work  to  the  ever-changing 
conditions  of  peoples  and  times.  The  present  Code,  therefore,  is 
not,  and  cannot  be,  the  final  law  in  all  and  everything,  for,  in  as 
much  as  Canon  Law  is  the  regulation  of  the  activities  of  the 
Church,  and  since  these  activities  are  changing  and  developing 
•with  the  gradual  progress  of  civilization,  new  amendments,  deci- 
sions, declarations  concerning  the  meaning  of  some  of  the  laws, 
and  exceptions  and  particular  regulations  to  fit  the  exceptional 
conditions  of  particular  countries  or  dioceses,  must  naturally  be 
expected.  The  Holy  Father  has,  however,  provided  (Motu  Pro- 
prio,  Sept.  15,  1917;  Ada  Ap.  Sed.,  vol.  IX,  pag.  483)  that  any 
and  all  new  laws,  as  well  as  the  possible  repeal  of  some  Canons  of 
the  new  Code,  also  any  interpretative  declarations,  etc.,  issued 
either  by  the  Supreme  Pontiff  himself  or  by  one  of  the  Sacred 
Congregations,  shall  be  turned  over  to  a  committee  whose  duty  it 
will  be  to  formulate  the  new  laws,  etc.,  into  Canons,  and  to  insert 


INTRODUCTION  vn 

them  in  the  Code  in  their  proper  places,  so  that  the  Code  may  for 
all  times  remain  the  one,  authoritative  and  complete  lawbook  of 
the  Church. 

The  canonist  will  note  the  difference  in  the  arrangement  of 
matter  in  the  new  Code  from  the  order  followed  in  former  collec- 
tions of  Canon  Law.  Previous  collections  were,  as  a  rule,  divided 
into  five  books,  in  the  order  of  :  judex,  judicium,  clerus,  connubia, 
crimen,  whereas  the  five  books  of  the  present  Code  are :  Lib.  I., 
Normae  generates;  Lib.  II.,  De  Personis;  Lib.  III.,  De  Rebus; 
Lib.  IV.,  De  Processibus;  Lib.  V.,  De  Delictis  et  Poenis.  Refer- 
ence to  the  laws  has  been  made  easy  by  short  Canons,  or  para- 
graphs, numbered  consecutively  from  beginning  to  end  of  the 
Code,  two  thousand  four  hundred  and  fourteen  Canons  in  all,  so 
that  the  number  of  the  Canon  suffices  to  enable  one  to  find  a  cer- 
tain law,  no  matter  in  what  book,  or  under  what  title,  this  law 
may  be  placed. 

The  purpose  of  our  present  volume  on  the  new  Code  is, 
mainly,  to  give  the  clergy  engaged  in  parish  work  in  a  handy 
volume  all  that  which  is  of  practical  importance  for  them  in  their 
daily  life,  in  the  exercise  of  their  sacred  duties  that  must  be 
guided  by  the  laws  of  our  Holy  Mother  Church.  Prolonged  dis- 
cussion and  lengthy  comparison  wrth  former  law,  such  as  might 
appeal  to  the  student  who  has  no  other  duties  but  his  studies  to 
attend  to,  are  avoided  in  this  volume.  Such  discussion  and  com- 
parison will  find  proper  place  in  a  complete  and  thorough  Com- 
mentary on  the  Code  which  the  author  has  under  consideration 
for  future  publication. 

In  arranging  the  subject-matter  of  this  book  we  have  faith- 
fully adhered  to  the  order  of  the  new  Code,  in  deference  to  the 
Holy  Father's  desire  that  no  one  introduce  an  arrangement  differ- 
ing from  the  Code. 

THE  AUTHOR. 

On  the  Feast  of  St.  Bonaventure,  D.S.,  July  14,  1918. 


CONTENTS 


PAGE 

PREFACE  Hi 

INTRODUCTION  , v 

THE  FIRST  BOOK:  GENERAL  PRINCIPLES  OF  CANON  LAW..  I 

Title  I — Principles  of  Ecclesiastical  Laws 3 

Title  II— Customs   7 

Title  III— Manner  of  Reckoning  Time 8 

Title   IV— Rescripts    10 

Title    V— Privileges    13 

Title  VI — Dispensations 15 

THE  SECOND  BOOK:  LAWS  CONCERNING  PERSONS 17 

PART  I :  LAWS  CONCERNING  THE  CLERGY 

Section  I — The  Clergy  in  General 22 

Title  I — Manner  of  Ascribing  the  Clergy  to  a  Diocese 22 

Title  II — The  Rights  and  Privileges  of  Clerics 23 

Title  III — Obligations  of  Clerics 25 

Title   IV — Ecclesiastical    Offices 29 

Title  V — Ordinary  and  Delegated  Jurisdiction 30 

Title  VI— Reduction  of  Clerics  to  the  State  of  the  Laity 34 

Section    II — Clerics    Individually 35 

Title  VII — The  Supreme  Authority  and  Those  who  by  Law  Share 

in  it 36 

Chapter  I— The  Roman  Pontiff 36 

Chapter  II — The  General  Council 37 

Chapter  III — The  Cardinals  of  the  Holy  Roman  Church 38 

Chapter  IV — The  Roman   Curia 41 

Article   I — The    Roman    Congregations 42 

Article  II — The  Tribunals  of  the  Roman  Curia 46 

Article  III — Offices  of  the  Roman  Curia 46 

Chapter  V — Legates  of  the  Roman  Pontiff 47 

Chapter   VI — Patriarchs,    Primates,    Metropolitans 48 

Chapter  VII — Plenary  and  Provincial  Councils 49 

Chapter  VIII — Vicars   and   Prefects   Apostolic 51 

Chapter  IX — Administrators   Apostolic 51 

Chapter  X — Inferior  Prelates 52 

Title  VIII — Episcopal  Jurisdiction  and  Participants  of  the  Same 53 

Chapter  I — Bishops   53 

Chapter  II — Coadjutors  and  Auxiliary  Bishops 59 

Chapter   III — The  Diocesan    Synod 61 

Chapter    IV — The    Diocesan    Curia 62 

Article    I — The    Vicar    General 63 

Article  II — The  Chancellor,  Other  Notaries,  the  Episcopal  Archives..  65 

Article  III — Synodal  Examiners  and  Parochial  Consultors 67 

IX 


x  THE  NEW  CANON  LAW. 

PAGE 

Chapter   V — Chapters   of   Canons 68 

Chapter   VI — Diocesan   Consultors 68 

Chapter  VII — Obstruction  in  the  Government,  Vacancy  of  the  Epis- 
copal See,  the  Vicar  Capitular 69 

Chapter  VIII— Deans    72 

Chapter  IX — Pastors    74 

Chapter  X — Parochial  Vicars 80 

Chapter  XI — Rectors  of  Churches 83 

PART  II :  THE  RELIGIOUS 85 

Title   IX — Erection  and    Suppression   of    a    Religious    Organization, 

of  a  Province,  or  a  House 87 

Title  X — The  Government  of  Religious  Organizations 89 

Chapter  I — Superiors  and  Chapters 89 

Chapter  II — Confessors  and  Chaplains 94 

Chapter  III — Temporal  Goods  and  Their  Administration 98 

Title  XI — Admission  Into  a  Religious  Community : 100 

Chapter  I — Postulate   101 

Chapter   II — Novitiate    101 

Article  I — Conditions  for  Admission 101 

Article  II — Education  of  the  Novices 106 

Chapter  III — Religious  Profession in 

Title  XII — Studies  in  Clerical  Religious  Communities 115 

Title  XIII — Duties  and  Privileges  of  Religious 117 

Chapter    I — Duties    117 

Chapter  II — Privileges  of  the  Religious 122 

Chapter  III — Duties  and  Privileges  of  a  Religious  Promoted  to  an 

Ecclesiastical  Dignity,  or  to  Rectorship  of  a  Parish 124 

Title  XIV— Transition  to  Another  Order 127 

Title  XV— Departure  from  Religious  Life 128 

Title  XVI— Dismissal  of  Religious 131 

Chapter  I — Dismissal  of  Religious  with  Temporary  Vows 131 

Chapter  II — Dismissal  of  Religious  with  Perpetual  Vows  in  Non- 
exempt  Clerical  and  in  All  Laical  Organizations 132 

Chapter  III — The  Canonical  Trial  in  the  Dismissal  of  Religious  with 
Perpetual  or  Solemn  Vows  in  a  Clerical  Exempt  Religious  Or- 
ganization    134 

Chapter  IV — Dismissed  Religious  Who  Had  Taken  Perpetual  Vows. .   136 
Title   XVII — Societies   of  Men  or   Women   Leading  a   Community 

Life    Without    Vows 138 

PART  III :   THE  LAITY. 139 

Title  XVIII — GeneraJ  Regulations  for  Associations  of  the  Faithful..   140 
Title  XIX — Particular  Regulations  for  Associations  of  the  Faithful..   143 

Chapter  I — Third  Orders  Secular 144 

Chapter   II — Confraternities    and    Pious   Unions 145 

Chapter  III — Archconfraternities  and  Primary  Unions 147 

THE  THIRD  BOOK:  SACRED  THINGS 149 

PART  I :  THE  SACRAMENTS 150 

Title  I— Baptism   151 


CONTENTS  xi 

PAGE 

Chapter  I — The  Minister  of  Baptism 151 

Chapter  II — The  Subject  of  Baptism 152 

Chapter  III — The  Rites  and  Ceremonies  of  Baptism 154 

Chapter  IV — Sponsors  156 

Chapter  V — Time  and  Place  of  Baptism 157 

Chapter  VI — Recording  and  Proof  of  Baptism 158 

Title  II — Confirmation  159 

Chapter  I — The  Minister  of  Confirmation 159 

Chapter  II — The  Subject  of  Confirmation 160 

Chapter  III — Time  and  Place  of  Confirmation 161 

Chapter   IV — The   Sponsors    161 

Chapter  V — Record  and  Proof  of  Confirmation 162 

Title  III— The  Blessed  Eucharist 162 

Chapter  I — The  Holy  Sacrifice  of  the  Mass 163 

Article   I — The  Celebrant 163 

Article  II — The  Rites  and  Ceremonies  of  Holy  Mass 165 

Article  III — Time  and  Place  of  Holy  Mass 165 

Article  IV — The  Alms  or  Stipends  of  Masses 166 

Chapter  II — The  Blessed  Sacrament 170 

Article  I — The  Minister  of  Holy  Communion 170 

Article  II — The  Recipient  of  Holy  Communion 171 

Article   III — Time   and   Place   for   the   Distribution   of  Holy   Com- 
munion       174 

Title  IV — The  Sacrament  of  Penance 175 

Chapter  I — The  Minister  of  the  Sacrament  of  Penance 175 

Chapter  II — Reservation   of   Sins 179 

Chapter  III — The  Subject  of  the  Sacrament  of  Penance 182 

Chapter  IV — The   Place  Where  Confessions  are  Heard 183 

Chapter  V — Indulgences  183 

Article  I — Concession  of  Indulgences 183 

Article  II — Manner  of  Gaining  Indulgences 186 

Title   V— Extreme   Unction 188 

Chapter  I — The  Minister  of  Extreme  Unction 188 

Chapter  II — The  Recipient  of  Extreme  Unction 189 

Chapter  III — The  Rites  and  Ceremonies  of  Extreme  Unction 189 

Title  VI — The  Sacrament  of  Orders 190 

Chapter  I — The  Minister  of  Sacred  Ordination 190 

Chapter  II — The  Subject  of  Sacred  Ordination 194 

Article  I — Requisites  for  Candidates  of  Ordination 194 

Article  II — Irregularities  and  Other  Impediments 197 

Chapter  III — Requisites  Prior  to  the  Ordination 200 

Chapter  IV — The  Rites  and  Ceremonies  of  Ordination 203 

Chapter  V — Time  and  Place  of  Ordination 203 

Chapter  VI — Record  and  Testimonial  of  Ordination 204 

Title  VII — The   Sacrament  of  Marriage 205 

Chapter  I — Requisites  Before  Marriage  and  Especially  the  Banns 206 

Chapter   II — Impediments    in    General 209 

Chapter  III — Impedient  Impediments 214 

Chapter  IV — Diriment  Impediments 216 


xii  THE  NEW  CANON  LAW 

PAGE 

Chapter  V — The  Matrimonial  Consent 219 

Chapter  VI — Form  of  the  Marriage  Contract 221 

Chapter  VII — The  Marriage  of  Conscience 225 

Chapter  VIII — Time  and  Place  of  Marriage 226 

Chapter  IX — Consequences  of  Marriage 226 

Chapter  X — Separation  of  Married  People 227 

Article  I — Dissolution  of  the  Marriage  Bond 227 

Article  II — Separation  from  Bed  and  Board 230 

Chapter  XI — Validation  of  Marriage 231 

Article  I — Simple  Validation 231 

Article  II — Sanatio  in  Radice 232 

Chapter  XII — Second  Marriage 233 

Title  VIII — The  Sacramentals 233 

PART  II :   SACRED  PLACES  AND  SEASONS 234 

Section  I — Sacred  Places 234 

Title    IX— Churches    235 

Title  X — Oratories    242 

Title  XI— Altars   243 

Title  XII — Ecclesiastical  Burial 245 

Chapter   I — Cemeteries    245 

Chapter  II — Transfer  of  the  Body  to  Church,  Funeral  Services  and 

Internment    247 

Chapter  III — Persons  to  Whom  Ecclesiastical  Burial  Must  Be  Granted 

or  Denied  253 

Section  II — Sacred  Seasons 254 

Title  XIII— Holidays  of  Obligation 255 

Title  XIV— Fast  and  Abstinence 255 

PART  III :  DIVINE  WORSHIP 257 

Title  XV — The  Keeping  and  Cult  of  the  Blessed  Sacrament 259 

Title  XVI — The  Cult  of  the  Saints,  of  Sacred  Images  and  Relics 262 

Title  XVII — Sacred  Processions 265 

Title   XVIII— Sacred   Utensils 266 

Title  XIX— Vow  and  Oath 269 

Chapter   I— Vow    269 

Chapter  II— Oath    270 

PART  IV :  THE  TEACHING  AUTHORITY  OF  THE  CHURCH 272 

Title  XX— Preaching  of  the  Word  of  God 273 

Chapter  I — Catechetical   Instruction 273 

Chapter  II — Sacred    Preaching 274 

Chapter    III — Sacred    Missions 277 

Title  XXI— Seminaries    278 

Title   XXII— Catholic   Schools 283 

Title  XXIII— Censorship  and  Prohibition  of  Books 285 

Chapter   I — Censorship   of   Books 285 

Chapter  II — Prohibition  of   Books ., 287 

Title  XXIV— Profession  of  Faith 290 

PART  V:   BENEFICES   AND  OTHER   NON-COLLEGIATE   INSTITUTES   OF  THE 
CHURCH  292 


CONTENTS  xin 

PAGE 

Title  XXV— Ecclesiastical   Benefices 292 

Chapter  I — Constitution  or  Erection  of  Benefices 293 

Chapter  II — Union,  Transfer,  Division,  Dismembration,  Conversion 

and   Suppression  of   Benefices 294 

Chapter  III — Conferring  of  Benefices 298 

Chapter  IV — The  Right  of  Patronage 298 

Chapter  V — Rights  and  Duties  of  Beneficiaries 299 

Chapter  VI — Resignation  of  Benefices 299 

Title  XXVI— Other  Non-Collegiate  Institutes  of  the  Church 300 

PART  VI :  TEMPORAL  GOODS  OF  THE  CHURCH 301 

Title  XXVII — Acquisition  of  Ecclesiastical  Goods 302 

Title  XXVIII — The  Administration  of  Ecclesiastical  Goods 306 

Title   XXIX— Contracts    309 

Title  XXX— Pious  Foundations 312 

THE  FOURTH  BOOK:    CANONICAL  TRIALS 315 

PART  I :  PROCEDURE  IN  COURT 315 

Section  I — Trials  in  General 316 

Section  II — Special  Rules  to  be  Observed  in  Certain  Specified  Trials.  316 

Title  XVIII — Manner  of  Avoiding  Canonical  Trial 316 

Chapter  I — Transaction  316 

Chapter  II — Compromise  by  Arbitration 317 

Title  XIX— Criminal  Trials 318 

Chapter  I — Accusation  and  Denunciation 318 

Chapter  II — Inquisition   319 

Chapter  III — Reprimand  of  the  Delinquent 321 

Chapter  IV — Construction  of  the  Criminal  Trial  and   Summons  of 

the  Offender   322 

Title  XX — Matrimonial  Cases 323 

Chapter  I — Competent  Forum 323 

Chapter  II — Constitution  of  the  Tribunal 324 

Chapter  III — Right  to  Accuse  a  Marriage  and  to  Ask  the  Dispen- 
sation from  the  Matrimonium  Ratum 325 

Chapter  IV— Proofs    326 

Article  I — Witnesses  326 

Article  II — Bodily  Inspection 326 

Chapter  V — Publication  of  the  Trial,  Conclusion  of  the  Case,  and 

Sentence    327 

Chapter  VI— Appeals   328 

Chapter  VII — Cases  Excepted  from  the  Foregoing  Rules 329 

Title  XXI — Cases  Against  Sacred  Ordination 330 

PART  II:  CASES  OF  BEATIFICATION  OF  THE  SERVANTS  OF  GOD  AND  CANON- 
IZATION OF  THE  BLESSED 331 

PART  III:  THE  MANNER  OF  PROCEDURE  IN  CERTAIN  AFFAIRS  OR  IN  THE 

APPLICATION  OF  PENAL  SANCTIONS 331 

Title  XXVII — Manner  of  Procedure  in  the  Removal  of  Irremovable 

Pastors    333 

Title  XXVIII — Manner  of  Procedure  in  Depriving  Removable  Pas- 
tors of  Their  Parish 335 


xiv  THE  NEW.  CANON  LAW 

PAGE 

Title  XXIX— Manner  of  Procedure  in  the  Transfer  of  Pastors 336 

Tide  XXX — Manner  of  Procedure  Against  Clerics  Not  Observing 
the  Law  of  Residence 337 

Title  XXXI — Manner  of  Procedure  Against  Clerics  Living  in  Con- 
cubinage   339 

Title  XXXII— Manner  of  Procedure  Against  a  Pastor  Who  is 
Negligent  in  the  Fulfilment  of  the  Pastoral  Duties 340 

Title  XXXIII — Manner  of  Procedure  for  Infliction  of  the  Suspen- 
sion Ex  Informata  Conscientia 340 

THE  FIFTH  BOOK :   OFFENCES  AND  PENALTIES 343 

PART  I :  OFFENCES 343 

Title  I — Nature  and  Division  of  Offences 343 

Title   II — Imputability  of  an  Offence,   Causes  Which  Aggravate  or 

Diminish  It,  and  Juridical  Effects  of  an  Offence 344 

Title  III— Attempted   Crime 347 

PART  II :  PENALTIES 348 

Section  I — Penalties  in  General 348 

Title    IV — Definition,    Species,    Interpretation    and    Application    of 

Penalties    348 

Title  V — Superiors  Having  Coercive  Power 350 

Title  VI — Persons  Subject  to  the  Coercive  Power 352 

Title  VII— Pardon  of  Penalties 355 

Section  II — Penalties  in  Particular 356 

Title  VIII — Corrective  Penalties  of  Censures 356 

Chapter  I — Censures  in  General 356 

Chapter  II — Censures  in  Particular 361 

Article  I — Excommunication   362 

Article  II — Interdict  365 

Article   III — Suspension    367 

Title    IX — Punitive    Penalties 370 

Chapter  I — Common   Punitive  Penalties 371 

Chapter  II — Punitive  Penalties  Special  to  the  Clergy 373 

Title  X — Penal  Remedies  and  Penances 375 

Chapter    I — Penal    Remedies 375 

Chapter   II — Penances    377 

PART  III :  PENALTIES  FOR  INDIVIDUAL  CRIMES 377 

Chapter  I — Penalties  Incurred  Ipso  Facto  (Laiae  Sententiae) 378 

Chapter  II — Penalties  Ferendae  Sententiae 385 

APPENDIX  :    New  Decrees  and  Declarations  regarding  the  ELECTIONS  IN 
RELIGIOUS  ORDERS  ;  FACULTIES  OF  BISHOPS  ;  etc 423 


THE  NEW  CANON   LAW 

THE  FIRST  BOOK 

General  Principles  of  Canon  Law 

1.  It  is  stated  in  the  first  Canon  of  the  Code  that  its 
laws  are  obligatory  only  for  Catholics  of  the  Latin  Rite, 
except  in  those  points  which  of  their  very  nature  affect  also 
the  Oriental  Church.    This  ruling  is  not  new,  it  has  obtained 
for  many  centuries.     On  account  of  the  great  difference  in 
manners  and  customs  between  the  peoples  of  the  East  and 
those  of  Europe,  and  of  countries  christianized  by  mission- 
aries of  the  Latin  Rite,  the  Holy  See  wisely  modifies  for  the 
Oriental  Church  some  laws  in  accordance  with  requirements. 
A  special  Congregation  for  the  Orientals  has  been  estab- 
lished at  Rome  to  regulate  the  affairs  of  the  Catholics  of 
the  various  Oriental  Rites.    The  laws  on  points  of  faith  and 
morals,  however,  of  their  very  nature  bind  all  Catholics  in 
union  with  the  See  of  St.  Peter,  for  in  principles  of  faith  and 
morals  all  who  wish  to  be  members  of  the  Catholic  Church 
can  acknowledge  but  one  guide,  viz.,  the  infallible  teaching 
authority  of  the   Supreme   Pastor   and  his   colleagues,   the 
bishops,  in  unison  with  their  head.     (Canon  1.) 

2.  All  liturgical  laws  heretofore  decreed  for  the  cele- 
bration of  Holy  Mass,  for  the  Divine  office  and  other  sacred 
functions,  retain  their  force,  except  those  that  are  explicitly 
corrected  in  the  Code.     (Canon  2.) 

3.  Special   agreements   or   concordats   made   between 
certain  nations  and  the  Holy  See  are  not  changed  by  the 
Code.     (Canon  3.) 

4.  Acquired  rights,  privileges  and  indults  which  have 
been  granted  by  the  Holy  See  to  individuals  or  organiza- 
tions, if  they  are  still  in  use  and  have  not  been  revoked, 
remain  in  force  unless  they  are  explicitly  abrogated  in  the 
Code.     (Canon  4.) 

5.  Now  existing  immemorial  customs,  both  particular 
and  universal,   at  variance  with   these   Canons   are  abolished 


2  THE  NEW  CANON  LAW 

if  the  Code  explicitly  disapproves  of  them.  Centenary  and 
immemorial  customs  not  disapproved  by  the  Code  may  be 
tolerated,  if  the  bishop  judges  that  they  cannot  prudently 
be  abolished.  Customs  disapproved  by  the  Code  are  to  be 
considered  corruptions  of  the  law  and  can  never  in  future 
revive  and  obtain  the  force  of  law.  Ordinary  customs  at 
variance  with  the  laws  of  the  Code  are  to  be  considered 
suppressed,  unless  the  Code  explicitly  states  otherwise. 
(Canon  5.) 

6.  1°.  As  regards  laws  published  prior  to  the  Code,  the 
general  rule  is  that  all  former  laws,  whether  particular  (for 
instance,  for  a  certain  country,  for  a  Religious  Order,  etc.) 
or  universal,  that  conflict  with  the  laws  of  the  Code,  are 
abolished,  unless  the  Code  explicitly  rules  otherwise  in  refer- 
ence tc  any  special  law.  .(Canon  6,  1°.) 

2°.  Canons  of  the  Code  that  restate  former  laws  exactly 
as  they  were  before,  must  be  interpreted  according  to  the 
approved  and  accepted  interpretation  of  commentators  on 
the  old  law.  Canons  which  agree  only  in  part  with  the 
former  law  are  to  be  interpreted  like  the  former  law  in  the 
points  in  which  they  agree;  but  in  the  points  in  which  the 
new  law  differs  from  the  former  they  must  be  judged  by 
their  wording  and  context.  When  it  is  doubtful  whether 
a  law  of  the  new  Code  differs  from  the  old  law,  one  must 
not  deviate  from  the  former  law.  (Canon  6,  2°,  3°,  4°.) 

3°.  All  former  ecclesiastical  punishments,  whether 
spiritual  or  temporal,  corrective  or  punitive,  latae  or  ferendae 
sententiae,  of  which  the  Code  makes  no  mention,  are  held  to 
be  abolished.  (Canon  6,  5°.) 

4°.  All  other  disciplinary  laws  which  have  been  in  force 
up  to  the  present  time  cease  to  be  binding,  unless  they  are 
explicitly  or  implicitly  contained  in  the  Code.  The  laws 
contained  in  the  approved  liturgical  books,  however,  remain 
in  force.  This  part  of  the  Canon  refers  to  the  common  law 
of  the  Church,  for  the  Code  states  in  Canon  22  that  par- 
ticular laws,  namely  for  dioceses,  individual  countries,  Or- 
ders, are  to  remain  in  force  unless  they  are  opposed  to  the 
laws  of  the  Code.  (Canon  6,  6°.)  (By  declaration  of  the 
S.  Congregation  of  the  Holy  Office,  March  22,  1918,  the 
rules  and  regulations  concerning  the  oath  against  Modernism 


PRINCIPLES  OF  ECCLESIASTICAL  LAWS  3 

prescribed  by  Pope  Pius  X.,  of  happy  memory,  are  to  remain 
in  force  until  such  time  when  the  Holy  See  shall  otherwise 
ordain.  Ada  Apost.  Sedis,  vol.  X,  pag.  136.) 

7.  By  the  term  "Apostolic  See"  or  "Holy  See,"  wher- 
ever it  occurs  in  the  Code,  is  meant  not  only  the  Roman 
Pontiff  but  also,  unless  the  context  proves  the  contrary,  the 
Sacred   Congregations,   the   Roman  Tribunals   and   Offices, 
through  which  the  same  Roman  Pontiff  does  usually  trans- 
act the  affairs  concerning  the  universal  Church,     (Canon  7.) 

TITLE  I. 
Principles  of  Ecclesiastical  Laws. 

8.  The  laws  are  instituted  when  they  are  promulgated. 
A  law  is  not  presumed  to  be  personal  but  rather  territorial 
unless  the  law  indicates  that  it  is  to  be  considered  personal. 
In  the  common  law  of  the  Church  it  makes  little  difference 
whether  a  law  is  personal  or  territorial,  but  in  particular 
laws  for  dioceses  or  countries  the  distinction  is  important 
for  the  reason  that  the  law,  if  territorial,  does  not  bind  out- 
side the  limits  of  the  diocese  or  country.     (Canon  8.} 

9.  The  laws  issued  by  the  Holy  See  are  promulgated 
by  being  published  in  the  official  magazine  of  the  Holy  See, 
the  Acta  Apostolicae  Sedis,  unless  a  special  mode  of  promul- 
gation should  be  prescribed  in  special  cases.     The  laws  do 
not  begin  to  bind  in  conscience  until  three  months  from  the 
date  of  the  number  of  the  magazine  containing  the  law  have 
elapsed,  unless  the  nature  of  the  law  is  such  that  its  imme- 
diate enforcement  is  evident,  or  the  law  itself  should  pro- 
vide a  longer  or  shorter  period  of  "vacation."     (Canon  9.) 

10.  Laws  concern  future  actions  and  not  those  done 
before  the  law  was  made,  unless  they  make  special  mention 
of  past  actions.     (Canon  10.) 

.11.  Those  laws  only  are  to  be  considered  invalidating 
or  inhabilitating  which  explicitly  or  equivalently  state  that 
an  action  is  null  and  void,  or  that  a  person  is  incapable  of 
acting.  (Canon  11.) 

12.  Unbaptized  persons  are  not  held  to  laws  which 
are  purely  Church  laws,  nor  baptized  persons  who  have  not 
a  sufficient  use  of  their  mind,  nor  children  under  seven  years 


4  THE  NEW  CANON  LAW 

of  age  though  they  may  have  sufficient  knowledge  and  judg- 
ment, unless  the  law  does  in  some  instances  declare  the 
latter  to  be  held  to  its  observance.  (Canon  12.)  The  word 
purely  is  to  be  emphasized  in  this  Canon,  because  laws  which 
are  an  explanation  or  application  of  the  natural  or  the  posi- 
tive Divine  law  bind  every  human  being  as  soon  as  there  is 
sufficient  understanding  of  the  law  and  consequent  respon- 
sibility, apart  from  any  definite  age.  Wherefore  also  the 
Committee  for  the  Interpretation  of  the  Code  answered  the 
Bishop  of  Valleyfield,  January  3,  1918,  that  children  who 
had  the  sufficient  use  of  their  reason  before  seven  years  of 
age  were  held  to  make  their  Easter  duty  even  before  they 
were  seven  vears  of  age.  (Eccl.  Review,  March  1918,  pag. 
313.) 

13.  The  general  laws  of  the  Church  bind  all  persons  for 
whom  they  are  issued  anywhere  in  the  world.     Laws  issued 
for  a  particular  territory,  e.  g.,  a  diocese  or  a  nation,  bind 
those  persons  who  have  a  domicile  or  a  quasi-domicile  in  that 
territory  and  actually  live  there.     For  those  who  are  absent 
from  their  own  place  for  a  while  the  following  Canon  pro- 
vides.   (Canon  13.) 

14.  Those  persons  who  have  a  domicile  or  quasi-domi- 
cile but  are  for  a  time  staying  in  another  place  are  called  in 
law  "peregrini."    They  are  not  held  to  the  observance  of  the 
particular  laws  of  their  own  diocese  or  country  while  absent 
unless  the  transgression  of  these  regulations  causes   some 
harm  in  their  own  place,  or  in  case  the  laws  are  personal. 
They  are  not  held  to  the  particular  laws  of  the  diocese  or 
country  in  which  they  are  travelling  with  the  exception  of 
those  laws  that  concern  public  order  or  determine  the  for- 
malities of  legal  transactions.    They  are,  however,  bound  to 
observe  the  general  laws  of  the  Church,  even  those  that  have 
been  abolished  for  their  own  place.     Thus,  for  instance,  an 
American  travelling  in  Europe  is  bound  to  observe  the  holi- 
days of  obligation,  fasts,  etc.,  that  may  by  papal  indult  have 
been  abolished  in  America.     On  the  other  hand,  the  pcregri- 
nus  enjoys  the  dispensations  from  the  general  law  in  the 
country  where  he  actually  stays,  even  though  there  are  no 
such  dispensations  granted  to  the  diocese  or  country  where 
he  ordinarily  resides.     Those  who  have  neither  a  domicile 


PRINCIPLES  OF  ECCLESIASTICAL  LAWS  5 

nor  a  quasi-domicile  in  any  place  are  called  vagi.  They  are 
bound  to  observe  both  the  general  and  the  particular  laws 
that  are  in  force  in  the  place  where  they  actually  stay. 
(Canon  14.) 

15.  All  laws,  even  those  that  invalidate  an  action  or  in- 
habilitate  a  person  to  act,  do  not  oblige  in  doubt  of  law  (du- 
bium  juris)  ;  in  a  doubt  of  fact  (dubium  facti)  the  Ordinary 
may  dispense,  provided  there  is  question  of  laws  from  which 
the  Roman  Pontiff  usually  dispenses.     (Canon  15.) 

16.  No  ignorance  of  invalidating  or  inhabilitating  laws 
excuses  unless  the  law  explicitly  admits  ignorance  as  an  ex- 
cuse.    Likewise  ignorance  or  error  is  not  presumed  when  it 
concerns  the  law  or  its  penalty,  or  one's  own  action,  or  the 
notorious  action  of  another;  concerning  the  non-notorious 
action  of  another,  ignorance  is  presumed  until  the  contrary  is 
proved.     This  rule  applies  mostly  to  cases  where  the  delin- 
quent is  brought  to  court  for  the  transgression  of  a  law.   How 
far  ignorance  of  the  censure  attached  to  the  violation  of  a 
law  excuses  is  specified'in  Canon  2229.    (Canon  16.) 

17.  Laws  are  authoritatively  interpreted  by  the  law- 
giver and  by  those  to  whom  the  power  of  interpreting  has 
been  committed.    Authoritative  interpretation  of  a  law  given 
in  the  form  of  law  has  the  same  force  as  the  law  itself.     If 
such  authoritative  interpretation  merely  declares  the  mean- 
ing of  the  words  of  law  that  are  certain,  the  interpretation 
does  not  need  a  new  promulgation  and  reacts  on  past  actions ; 
if  the  interpretation  restricts,  or  extends,  the  law  or  explains 
a  doubtful  point  of  the  law,  it  does  not  react  on  past  actions 
and  is  regarded  like  a  new  law,  so  that  it  must  be  promulgated 
in  order  to  have  binding  force.    An  interpretation  of  the  law 
given  by  way  of  a  judicial  sentence,  or  by  a  rescript  in  some 
special  case,  has  not  the  force  of  law  and  binds  only  the  per- 
sons and  affects  only  those  matters  for  which  it  was  issued. 
(Canon  17.) 

18.  Ecclesiastical  laws  must  be  interpreted  according 
to  the  proper  meaning  of  the  terms  of  the  law  considered  in 
their  context.     If  that  meaning  remains  obscure,  one  must 
have  recourse  to  parallel  citations  of  the  Code  if  there  are 
any,  or  to  the  purpose  and  circumstances  and  the  intention 
of  the  law-maker.     (Canon  18.) 


6  THE  NEW  CANON  LAW 

19.  Laws  that  establish  a  penalty  or  restrict  the  free 
exercise  of  one's  rights,  or  establish  an  exception  from  the 
law  must  be  interpreted  in  a  strict  sense.    It  has  always  been 
an  axiom  of  interpretation  of  Canon  Law  that  odious  laws 
are  to  be  explained  in  such  a  sense  as  not  to  unduly  extend 
them  to  cases  not  strictly  covered  by  the  words  of  the  law, 
while  in  favorable  laws  a  more  benign  interpretation  is  al- 
lowed.   (Canon  19.) 

20.  If  there  is  no  definite  rule  of  law,  neither  in  the 
general  nor  in  the  particular  law,  concerning  some  affair,  a 
norm  of  action  may  be  taken  from  laws  given  in  similar  cases, 
from  the  general  principles  of  law  applied  with  the  mildness 
proper   to   Canon   Law,   from   the   manner   and   custom   of 
handling  similar  cases  in  the  Roman  Curia,  and  from  the 
common  and  accepted  teaching  of  doctors.     In  the  applica- 
tion of  penalties,  however,  this  liberal  interpretation  must 
not  be  adopted.     (Canon  20.) 

21.  Laws    made    in    order    to    safeguard    the    faithful 
against  what  is  commonly  dangerous,  oblige  even  though 
in  a  particular  case  there  is  no  danger.    An  example  of  this 
kind  is  the  law  of  the  Church  forbidding  bad  books  of  va- 
rious kinds.     Though   there   may  positively  be   no   danger 
for  some  particular  individual  to  read  such  a  book,  he  is  not 
thereby  entitled  to  read  it  unless  he  has  obtained  a  dispen- 
sation from  the  law.     (Canon  21.) 

22.  A  more  recent  law  given  by  the  competent  author- 
ity abolishes  a  former  law  when  it  explicitly  makes  a  state- 
ment to  that  effect,  or  when  it  is  directly  contrary  to  the 
former  law,  or,  finally,  when  it  takes  up  and  readjusts  the 
entire  subject  matter  of  the  law.     A  general  law,  however, 
does  not  abolish  laws  for  particular  places  or  the  statutes 
of  inferior  legislators,  e.  g.,  of  bishops,  unless  the  general 
law  is  either  directly  opposed  to  the  special  law,  or  the  gen- 
eral law  explicitly  revokes  the  particular  law.     The  Code, 
therefore,  does  not  abolish  the  decrees  of  National  and  Pro- 
vincial Councils,  nor  diocesan  statutes,  rules  and  constitu- 
tions of  Orders,  except  in  as  far  as  they  may  in  some  points 
be  against  the   Canons,  or  in  points  where  the   Code  ex- 
plicitly states  that  notwithstanding  particular  laws  the  Code 
is  to  be  followed.     (Canon  22.) 


CUSTOMS  7 

23.  In  a  doubt  whether  the  former  law  has  been  re- 
voked the  repeal  of  the  law  is  not  to  be  presumed,  but  the 
more  recent  law  is  to  be,  as  far  as  possible,  conciliated  with 
the   former   law,   so  that   one   may   supplement   the   other. 
(Canon  23.) 

24.  Precepts  given  to  individuals  bind  them  wherever 
they  go,  but  they  cannot  be  urged  in  a  canonical  trial,  and 
they  expire  with  the  expiration  of  authority  of  the  one  im- 
posing the  precept,  unless  they  are  given  in  the  form  of  a 
legal  document,  or  before  two  witnesses.     (Canon  24.) 

TITLE  II. 

Customs. 

25.  In  order  that  a  custom  may  assume  the  force  of 
law  in  the  Church,  it  must  receive  the  consent  of  the  com- 
petent ecclesiastical  superior.     (Canon  25.) 

26.  Only  those  communities   (dioceses,  Religious  Or- 
ders, etc.)  that  are  capable  of  (receiving)  laws,  that  is  to  say, 
governed  by  laws,  can  introduce  customs  that  have  the  force 
of  law.     (Canon  26.) 

27.  No  custom  can  abrogate  or  modify  the  Divine  law, 
either  positive  or  natural.     In  order  that  a  contrary  custom 
may  have  the  power  to  change  Church  laws,  it  must  be 
(1°.)   reasonable,  and   (2°.),  lawfully  prescribed  by  a  con- 
tinuous and  uninterrupted  usage  of  at  least  forty  years'  du- 
ration.    (In  the  forme  rlaw  the  period  of  time  required  for 
usages  to  obtain  the  force  of  law  was  not  definitely  speci- 
fied,  wherefore  there  was  a  great  diversity  of  opinion  of 
canonists  on  this  point.     The  majority  of  authors  conceded 
that  the  period  of  ten  years  was   sufficient,   provided  the 
other  conditions  were  present,  to  abolish  a  law  by  contrary 
custom.    The  new  Code  demands  forty  years  for  any  custom 
either  contra  or  praeter  jus  to  become  law.) 

Against  a  law  of  the  Church  which  contains  a  clause 
forbidding  contrary  customs  for  the  future,  only  a  reasonable 
custom  that  is  either  immemorial  or  of  a  hundred  years' 
standing  can  obtain  the  force  of  law.  A  custom  which  is  ex- 
plicitly disapproved  in  law  is  not  considered  reasonable. 
(Canon  27.) 


8  THE  NEW  CANON  LAW 

28.  Customs  praeter  jus,  that  is  to  say,  such  usages  as 
are  not  against  a  law,  but  outside  it,  and  which  have  been 
knowingly  introduced  by  a  community  with  the  intention 
of  binding  itself,  become  law  if  they  are  reasonable   and 
lawfully  prescribed  by  forty  continuous  and  complete  years. 
(Canon  28.) 

29.  Custom  is  the  best  interpreter  of  laws.   (Canon  29.) 

30.  With   the   exception   laid   down   in    Canon   5,   the 
general  principle  is  that  a  custom  against  the  law,  or  out- 
side the  law  (praeter  jus),  is  revoked  by  a  contrary  custom 
or  a  contrary  law.    A  law  does  not,  however,  abrogate  cen- 
tenary  or  immemorial   customs,    nor   does    a   general   law 
abolish   particular  customs,   unless  the  law  specially  men- 
tions such  customs.     (Canon  30.) 

TITLE  III. 
Manner  of  Reckoning  Time. 

31.  Apart  from  the  liturgical  laws,  time  is  to  be  reck- 
oned according  to  the  following  rules,  unless  the   Canons 
explicitly  prescribe  an  exception.   (Canon  31.) 

32.  A  day  consists  of  twenty-four  consecutive  hours, 
to  be  counted  from  midnight  to  midnight;  and  a  week  con- 
sists of  seven  days.     A  month  in  law  means  a  period  of 
thirty  days;  a  year,  three  hundred  and  sixty-five  days,  un- 
less month  and  year  are  ordered  to  be  taken  according  to 
the  calendar.     (Canon  32.) 

33.  In  reckoning  the  hours  of  the  day  the  common 
custom  of  the  place  is  to  be  observed,  but  in  the  private 
celebration  of  Holy  Mass,  in  the  private  recitation  of  the 
Divine  Office,  in  receiving  Holy  Communion,  and  in  the  ob- 
servance of  the  law  of  fast  and  abstinence,  one  may  follow 
also  the  local  true  time  or  the  mean  time,  or  the  legal  or 
any  other  of  the  several  ways  of  marking  time.     Naturally, 
midday   and  midnight   fall  earlier  or  later   as   one   travels 
East  or  West.     For  business  purposes  the  local  natural  or 
true    time    is    not    practical,    wherefore    so-called    Standard 
Time  is  followed  in  the  United  States,  in  which  we  have 
four  zones,  namely,  Eastern,  Central,  Mountain,  and  Pacific 
Standard  Time,  each  of  the  three  latter  marking  a  difference 


MANNER  OF  RECKONING  TIME  9 

of  one  hour  under  the  previous  one.  The  difference  between 
the  standard  and  the  local  true  time  varies  with  the  location 
of  the  towns  and  cities  within  the  respective  zones.  Thus 
it  may  be  twelve  o'clock  midnight  by  Standard  Time  when 
according  to  the  local  true  time  it  is  only  twenty  minutes, 
or  a  quarter,  to  twelve.  The  Code  gives  us  the  benefit  of 
the  difference  in  the  observance  of  the  fast,  the  recitation 
of  the  Divine  Office,  etc. 

The  time  for  determining  the  obligation  arising  from 
contracts  is  to  be  reckoned  according  to  the  rules  of  the 
civil  law  of  each  country,  unless  a  special  agreement  has 
been  made  on  this  point.  (Canon  33.) 

34.  If  the  month  or  the  year  is  designated  in  law  by 
its  proper  name  or  its  equivalent,  for  example,  "the  month 
of  February,"  "the  following  year,"  they  are  taken  as  in  the 
calendar. 

If  the  terminus  a  quo  is  neither  implicitly  nor  explicitly 
assigned,  for  instance,  suspension  from  the  celebration  of 
Holy  Mass  for  a  month  or  for  two  years,  three  months'  va- 
cation in  a  year,  and  the  like,  the  time  is  to  be  calculated 
from  moment  to  moment;  and  if,  as  in  the  first  example, 
the  time  is  continuous,  the  month  and  the  year  are  taken 
as  in  the  calendar;  if  the  period  of  time  is  intermittent,  a 
week  means  seven  days,  a  month  thirty  days  and  a  year 
three  hundred  and  sixty-five  days. 

If  the  time  consists  of  one  or  several  months  or  years, 
one  or  several  weeks,  or  several  days,  and  the  terminus  a  quo 
is  explicitly  or  implicitly  fixed,  the  following  rules  obtain : 
(1)  the  month  and  year  are  taken  as  in  the  calendar;  (2)  if 
the  terminus  a  quo  coincides  with  the  beginning  of  the  day, 
for  example,  two  months'  vacation  from  the  fifteenth  of 
August,  the  first  day  shall  be  counted  in  the  number  of  days 
and  the  time  expires  with  the  beginning  of  the  last  day  of 
the  same  number;  (3)  if  the  terminus  a  quo  does  not  coin- 
cide with  the  beginning  of  the  day,  for  instance,  the  four- 
teenth year  of  age,  the  year  of  novitiate,  eight  days  from  the 
vacancy  of  a  bishopric,  ten  days  for  appeal,  etc.,  the  first 
day  shall  not  be  counted  and  the  time  expires  when  the  last 
day  of  the  same  number  is  ended;  (4)  if  the  month  should 
not  have  the  same  number  of  days,  for  example,  one  month 
from  the  thirtieth  of  January,  the  time  expires  either  with 


10  THE  NEW  CANON  LAW 

the  beginning  or  the  end  of  the  last  day  of  the  month,  as 
the  case  may  be;  (5)  if  there  be  question  of  actions  of  the 
same  kind  to  be  repeated  at  stated  intervals,  for  instance,  a 
three-year  term  from  the  taking  of  temporary  vows  to  the 
taking  of  perpetual  vows,  three  or  more  years  between  elec- 
tions, etc.,  the  time  expires  on  the  same  day  of  the  month 
on  which  the  period  began;  but  the  new  action  may  take 
place  any  time  during  the  last  day.  The  fact,  therefore,  that 
a  profession  took  place  early  in  the  morning  or  late  in  the 
day  does  not  oblige  one  to  wait  for  the  same  hour  for  the 
renewal  of  vows.  The  same  holds  in  case  of  elections,  etc. 
(Canon  34.) 

35.  The  term  tempus  utile  means  that  the  time  for  the 
exercise  or  prosecution  of  one's  rights  does  not  elapse  if 
one  was  ignorant  of  the  rights,  or  could  not  act  at  the  time. 
The  term  tempus  continuum  in  law  means   a  space  of  time 
that    does   not   suffer   any   suspension   by   reason  of   one's 
ignorance  or  impossibility  to  act.    (Canon  35.) 

TITLE  IV. 

Rescripts. 

Canons  36-62  of  this  title  state  the  general  principles 
concerning  rescripts  by  which  the  Holy  See  or  other 
Ordinaries  grant  dispensations  and  various  other  favors. 

I  shall  direct  attention  to  the  most  important  points. 

36.  Favors  and  dispensations  of  any  kind  granted  by 
the  Holy  See  avail  even  those  who  are  under  censure  with 
the  following  exceptions :     An  excommunicatus  vitandus,   a 
person  excommunicated  by  a  condemnatory  or  declaratory 
sentence  of  the  ecclesiastical  judge,  cannot  validly  receive 
any  favor  from  the  Holy  See  unless  the  papal  rescript  states 
that  it  shall  be  valid  notwithstanding  the  excommunication 
of  the  recipient;  the  same  rule  applies  to  those  personally  in- 
terdicted   or    suspended   by    sentence    in   the    ecclesiastical 
court.     (Canon  36.) 

37.  Rescripts    by   which    a   favor   is    granted   without 
requiring  the  ministry  of  an  executor  take  effect  from  the 
moment  that  the   rescript  is   issued;   other   rescripts   from 
the  time  of  execution.    (Canon  38.) 


RESCRIPTS  11 

38.  Conditions  demanded  in  the  rescripts  are  essential 
for  their  validity  in  such  cases  only  where  they  are  expressed 
by  the  particles,  "si,"  "dummodo,"  or  others  of  the  same  signifi- 
cation.   (Canon  39.) 

39.  All  rescripts  are  considered  as  given  upon  condi- 
tion "si  preces  veritate  nitantur,"  that  the  reasons  given  in 
the  petition  are  based  on  truth.     There  are  two  exceptions 
to  this  rule:  (1)  Canon  45  states  that  a  rescript  given  with 
the  clause  "motu  proprio"  is  valid  even  though  in  the  peti- 
tion things  are  not  explained  that  otherwise  are  demanded. 
If,   however,    the   only    motive    reason   under    the    plea   of 
which  the  rescript  is  requested  is  false,  the  rescript  is  invalid 
with  the  exception  (2)  of  dispensations  from  marriage  im- 
pediments of  lesser  degree,  which  are  valid  even  though  all 
reasons   or   motives  advanced  to   obtain   the   dispensations 
are  falsehoods.    Canon  1042  explains  which  are  impediments 
of  lesser  degree  in  marriage.     (Canon  40.)     Cf.  Canon  1054. 

40.  If   one   of   the   Roman    Congregations   or   Offices 
refuses  a  favor  asked  of  them,  the  same  favor  cannot  be 
petitioned  from  and  granted  by  any  other  of  the   Sacred 
Congregations,  nor  even  by  one's  own  bishop  who  may  have 
delegated  faculties,  unless  the  Sacred  Congregation  of  which 
the  favor  was  first  asked  gives  its  consent.     (Canon  43.) 

41.  The  granting  of  a  favor  that  was  first  asked  of  and 
refused  by  the  vicar  general  and  later  obtained  from  the 
bishop,  without  mentioning  that  application  had  been  made 
first  to  the  vicar  general  and  refused,  is  invalid.     A  favor 
that  has  been  refused  by  the  bishop  cannot  validly  be  granted 
by   the   vicar   general,    even    though    the    petitioner   makes 
known  to  him  the  bishop's  refusal.     (Canon  44.) 

42.  Rescripts    are    no    longer    considered    invalid    on 
account  of  an  error  in  the  name  of  the  person  to  whom,  or 
by  whom,  the  favor  is  granted,  or  a  mistake  in  the  place  of 
residence,  or  a  mistake  concerning  the  object  of  the  con- 
cession, so  long  as,  in  the  prudent  judgment  of  the  bishop, 
there  is  no  doubt  concerning  the  identity  of  the  person  and 
the  object  of  the  favor.    (Canon  47.) 

43.  A  rescript  of  the  Apostolic  See  in  which  no  execu- 
tor is  demanded  need  not  be  exhibited  to  the  Ordinary  of 
the  person  obtaining  the  document,  except  this  is  demanded 


12  THE  NEW  CANON  LAW 

in  the  document  or  there  is  question  of  public  affairs  e.  g., 
publication  of  an  indulgence  granted  to  a  church  or  place, 
or,  finally,  if  a  favor  is  granted  for  the  use  of  which  the 
bishop  has  a  right  to  examine  required  conditions,  e.  g.,  a 
concession  to  keep  the  Blessed  Sacrament,  celebrate  Holy 
Mass  in  a  private  oratory,  etc.,  in  which  cases  the  law  gives 
the  bishop  the  right  and  the  duty  to  see  that  the  require- 
ments of  Canon  Law  are  complied  with.  This  Canon  does 
not  demand  the  presentation  under  pain  of  invalidity;  unless, 
therefore,  it  is  demanded  in  the  rescript  itself  in  terms  im- 
porting invalidity,  the  neglect  to  comply  with  the  ruling 
of  the  present  Canon  would  not  invalidate  the  rescript,  but 
such  neglect  is  sinful.  (Canon  51.) 

44.  Rescripts   must  be   understood   according   to   the 
proper  meaning  of  their  words  and  the  common  usage  of 
the  language,  and  must  not  be  extended  to  other  cases  be- 
sides those  expressly  mentioned.     (Canon  49.) 

45.  When  doubt  arises  as  to  the  meaning  of  the  words 
of  a  rescript  those  rescripts   having  reference  to  cases   in 
court,  or  to  matters  which  hurt  the  acquired  right  of  others, 
or  those  that  concede  to  a  private  individual  favors  contrary 
to  the  law,  or,  finally  rescripts  obtained  for  the  purpose  of 
securing  an  ecclesiastical  benefice,   must  be  strictly  inter- 
preted; all  other  rescripts  may  receive  a  benign  interpre- 
tation.    (Canon  50.) 

46.  If  in  a  rescript  the  mere  office  of  execution  is  com- 
mitted to  some  one,  e.  g.,  bishop,  confessor,  the  execution 
of  the  rescript  cannot  be  refused,  unless  it  is  evident  that 
the  rescript  is  null  and  void  on  account  of  a  lie,  or  of  con- 
cealing the  truth,  or  if  there  are  conditions  demanded  in  the 
rescript  which  the  executor  knows  have  not  been  complied 
with  by  the  recipient  of  the  document,  or  the  latter  is  in 
the  judgment  of  the  executor  so  unworthy  of  the  favor  that 
its  concession  would  be  a  scandal  to  others.     In  the  last 
mentioned  circumstance  the  executor  shall  at  once  inform 
the  official  granting  the  rescript  and  in  the  meantime  sus- 
pend its  execution.     If  in  the  rescript  the  granting  of  the 
favor  is  left  to  the  executor,  so  that  he  is  delegated  to  dis- 
pense, he   shall  according  to  his   own  judgment  and  con- 
science either  grant  or  deny  the  favor.     (Canon  54.) 


PRIVILEGES  13 

47.  Favors  granted  through  a  rescript  are  not  revoked 
by  a  contrary  law,  unless  it  is  otherwise  stated  in  the  law, 
or  unless  the  law  was  made  by  the  superior  of  the  grantor. 
(Canon  60.) 

48.  Vacancy  of  the  Holy  See,  or  of  the  bishopric,  does 
not  invalidate   rescripts   given   by  the   deceased   pontiff  or 
bishop,  unless  the  terms  of  the  rescript  state  otherwise,  or 
unless  the  rescript  gives  power  to  a  delegate  to  grant  the 
favor  to  individuals  specified  in  the  document  and  the  dele- 
gate or  executor  had  not  begun  to  exercise  his  power  before 
the  death  of  the  Pope  or  the  bishop,  as  the  case  may  be. 
As  soon  as  the  rescript  has  been  presented  to  the  individual 
so  delegated  the  case  is  opened,  and  he  can  act  even  though 
the  Pope  or  the  bishop  who  granted  the  rescript  should  die 
or  resign  their  office.     (Canon  61.) 

TITLE  V. 
Privtteges. 

Canons  63-79  under  this  head  deal  with  the  question  of 
privileges,  which  are  favors,  either  against  law  or  outside 
of  law,  which  a  person  or  a  community  enjoys  without  limit 
of  time. 

49.  Privileges  can  be  acquired  not  only  by  direct  con- 
cession but  also  by  communication,  by  legitimate  custom, 
and  prescription.     However,  Canon  613  states  as  an  excep- 
tion to  this  rule  that  between  Religious  Orders  the  com- 
munication of  privileges  is  revoked,  and  that  each  Order 
shall  have  only  what  is  conceded  by  the   Code,   and  the 
favors    that    have    been    directly    granted    to    the    Order. 
(Canon  63.) 

50.  The  habitual  faculties  which  are  granted  either 
in  pcrpetuum  or  for  a  definite  period  of  time,  or  for  a  certain 
number  of  cases,  are  counted  among  the  privileges  praetcr 
jus.  This  consideration  allows  a  liberal  interpretation  of  such 
faculties;  whereas,  if  they  were  to  be  considered  contra  jus, 
their  explanation  would  have  to  be  strict.     Unless  they  are 
given  personally  to  the  bishop,  or  otherwise  restricted  to 
him,  the  vicar  general  has  the  same  faculties.     (Canon  66.) 

51.  Doubts  concerning  privileges  must  be  solved  ac- 


14  THE  NEW  CANON  LAW 

cording  to  Canon  50,  which  decrees  that  rescripts  as  well 
as  privileges  that  injure  the  acquired  rights  of  a  third  party, 
or  such  that  are  against  the  law,  in  favor  of  private  in- 
dividuals, are  to  receive  a  strict  interpretation.  Any  privi- 
lege, however,  must  be  so  explained  that  the  privileged 
party  does  derive  some  benefit  from  the  privilege.  (Canon 
68.) 

52.  No  one  is  obliged  to  make  use  of  a  privilege  that 
is  granted  for  his  own  personal  benefit,  unless  the  duty  to 
make  use  of  it  arises  from  another  source.    (Canon  69.) 

53.  By  a  general  law  are  revoked  the  privileges  con- 
tained in  the  Code.    Particular  privileges  are  not  revoked  by 
a  general  law,  unless  the  law  explicitly  revokes  all  contrary 
privileges,    or    unless    they    were    granted    by    an    inferior 
authority.     (Canon  71.) 

54.  Privileges  cease  by  renunciation  accepted  by  the 
competent  superior.    Privileges  granted  only  for  any  private 
individual's  own  benefit  may  be  renounced  by  this  individual. 
Those  granted  to  any  community,  dignity  or  place,  private 
individuals  are  not  allowed  to  renounce;  nor  is  a  community 
or  body  of  persons  free  to  renounce  privileges  given  to  them 
in  the  form  of  law,  for  instance,  the  exemption  granted  to 
the  regulars,  or  when  the  renunciation  is  prejudicial  to  the 
Church,  or  to  other  persons.     (Canon  72.) 

55.  Privileges  do  not  cease  by  the  fact  that  the  one 
granting  them  dies,  or  in  any  other  way  loses  his  jurisdic- 
tion,  unless  they  were  granted  with  the   clause  "ad  bene- 
placitum  nostrum"  or  another  equivalent  clause.     Thus,  for 
instance,  faculties  granted  to  a  priest  by  the  bishop  with- 
out such   a   clause   continue   though   the   bishop   dies   or   is 
transferred  to  another  see.     (Canon  73.) 

56.  Privileges  may  also  terminate  if,  according  to  the 
judgment  of  the  superior,  in  the  course  of  time  circumstances 
change  to  such  an  extent  that  the  privilege  becomes  harm- 
ful or  its  use  illicit.     Finally,  privileges  cease  when  the  time 
expires  for  which  they  were  granted,  or  the  number  of  cases 
for  which  faculties  were  given  is  exhausted.     One  exception 
to  this  rule  is  made  in  Canon  207,  §2,  where  the  Code  be- 
nignly supplies  jurisdiction,  if,  in  his  faculties  for  the  internal 
forum,  the  priest  through  inadvertence  makes  use  of  the 


DISPENSATIONS  15 

faculties  though  the  time  for  which  they  were  granted  has 
elapsed,  or  the  number  of  cases  has  been  exhausted 
(Canon  77.) 

TITLE  VI. 

Dispensations. 

57.  Dispensation,  which  is  the  relaxation  of  a  law  in 
a  particular  case,  can  be  granted  by  the  law-giver,  by  his 
successor  or  his   superior,  and  by  those  whom  they  have 
delegated.    (Canon  80.) 

58.  From  the  general  laws  of  the  Church,  Ordinaries 
inferior  to  the  Roman  Pontiff  cannot  dispense,  not  even  in 
a  particular  case,  unless  this  power  has  been  conceded  to 
them  implicitly  or  explicitly,  or  when  recourse  to  the  Holy 
See  is  difficult  and  there  is  at  the  same  time  danger  of  caus- 
ing great  harm  by  the  delay,  and  the  case  is  one  in  which 
the  Holy  See  usually  dispenses.     (Canon  81.) 

59.  Bishops   and  other  local  Ordinaries   can  dispense 
from  diocesan  laws,  from  the  laws  of  Provincial  and  Na- 
tional Councils ;  but  they  cannot  dispense  from  laws  which 
the  Roman  Pontiff  has  published  for  a  particular  country  or 
diocese,  except  in  cases  indicated  in  the  preceding  Canon. 
(Canon  82.) 

60.  Pastors  cannot  dispense  either  from  a  general  law 
of  the  Church  nor  from  special  laws  of  country  or  diocese, 
unless  this  power  has  expressly  been  conceded  to  them.   By 
custom  introduced  from  time  immemorial  and  confirmed  by 
Canon  1245,  pastors  can  dispense  their  parishioners  in  indi- 
vidual cases  from  the  fast  and  abstinence  and  from  the  law 
forbidding  servile  work  on  Sundays  and  holidays  of  obliga- 
tion.    (Canon  83.) 

61.  Dispensations  from  the  law  of  the  Church  should 
not  be  given  without  a  just  and  reasonable  cause,  which 
should  be  in  due  proportion  to  the  gravity  of  the  law  from 
which  dispensation  is  granted.     Dispensations   granted  by 
an  inferior  without  just  cause  are  both  illicit  and  invalid, 
while   the   law-giver  himself  may   always   validly   dispense 
from  his  laws,  though  also  he  sins  by  dispensing  a  subject 
from  the  law  without  a  good  reason.     When  it  is  doubtful 
whether  the  reason  for  a  dispensation  is  sufficient,  the  in- 


16  THE  NEW  CANON  LAW 

dividual   is   allowed   to   ask   for  the   dispensation   and  the 
superior  may  validly  and  licitly  grant  the  same.    (Canon  84.) 

62.  Dispensations   must   be   interpreted   according   to 
Canon  50,  and  also  the  faculties  to  grant  dispensations  must 
be  strictly  interpreted.    (Canon  85.) 

63.  Dispensations  extending  for  some  length  of  time 
cease  not  only  for  the  same  reason  as  a  privilege,  but  also 
whenever  it  is  certain  that  the  reason  for  the  dispensation  has 
entirely  ceased  to  exist,  e.  g.,  dispensation  from  reciting  the 
Divine  Office,  fast,  etc.,  in  case  of  ill  health,  when  the  dispen- 
sation ceases  of  itself  after  complete  recovery,     (Canon  86.) 


THE  SECOND   BOOK 

Laws  Concerning  Persons 

64.  By  baptism   a  person  becomes   a  subject  of  the 
Church  of  Christ,  with  all  the  rights  and  duties  of  a  Chris- 
tian, unless  as  far  as  rights  are  concerned  there  is   some 
obstacle  impeding  the  bond  of  communion  with  the  Church, 
or  a  censure  inflicted  by  the  Church.    (Canon  87.) 

65.  A  person  who  has  reached  the  age  of  twenty-one 
years  is  called  of  major  age ;  under  twenty-one  he  is  called 
a  minor.     A  boy  reaches  the  age  of  puberty  when  fourteen 
years  of  age,  a  girl  at  the  completion  of  the  twelfth  year. 
Children  under  seven  years  of  age  are  spoken  of  in  law  as 
infants,  "puer,  parvulus,"  and  they  are  not  considered  respon- 
sible for  their  actions.     When  fully  seven  years  of  age,  the 
law  presumes  that  the  child  has  the  sufficient  use  of  reason 
to  be  responsible.     Persons  habitually  devoid  of  the  use  of 
reason  are  in  law  held  equal  to  infants.     (Canon  88.) 

66.  A  person  of  major  age  has  the  full  exercise  of  his 
rights,  the  minor  remains  subject  to  the  parents  or  guardian 
in  the  exercise  of  his  rights,  except  in  matters  in  which  the 
law  exempts  minors  from  the  paternal  power.    (Canon  89.) 

67.  By   locus   originis  is   meant   the   place   where   the 
father,  or  in  case  of  illegitimate  and  of  posthumous  children 
the  mother,  had  a  domicile,  or  in  defect  of  a  domicile  a  quasi- 
domicile.    If  there  is  question  of  children  of  vagi  the  very  place 
of  birth  is  the  place  of  origin;  of  exposed  children  the  place 
where  they  were  found.    In  the  case  of  converts  the  same  rules 
obtain.    The  opinion  of  canonists  who  have  held  that  the  place 
of  baptism  of  adults  might  be  considered  as  their  locus  originis 
must  therefore  be  corrected.     (Canon  90.) 

68.  A   person   is   called   an   incola  in   the   place   where 
he  has  a  domicile;  advena  in  the  place  where  he  has  a  quasi- 
domicile;  a  peregrinus,  if  he  is  actually  outside  the  place  of 
domicile  or  quasi-domicile  which  he  still  retains;  vagus,  if  he 
has  nowhere  a  domicile  nor  quasi-domicile.     (Canon  91.) 


18  THE  NEW  CANON  LAW 

69.  A  domicile  is  acquired  by  residence  in  some  parish 
or  quasi-parish,  or  at  least  in  a  diocese,  vicariate-apostolic  or 
prefecture-apostolic,  which  residence  must  be  acquired  with  the 
intention  to  stay  there  forever  unless  something  calls  him  away, 
or  it  must  be  the  actual  residence  of  ten  complete  years.    (Canon 
92.) 

A  quasi-domicile  is  acquired  by  residence  in  a  parish  or  a 
diocese  with  the  intention  to  stay  there  for  the  greater  part  of 
the  year  unless  something  should  call  one  away,  or  by  having 
actually  lived  there  for  the  greater  part  of  the  year. 

The  domicile  or  quasi-domicile  in  a  parish  or  quasi-parish 
is  called  parochial;  in  the  diocese,  vicariate  or  prefecture,  though 
not  in  the  same  parish  or  quasi-parish,  is  called  diocesan.  The 
diocesan  domicile  is  new  in  the  language  of  Canon  Law. 

70.  The  wife,  if  not  lawfully  separated  from  the  husband, 
necessarily  shares  the  domicile  of  her  husband;  the  insane  that 
of  his  guardian;  the  minor  that  of  the  person  in  whose  charge 
he  is.    A  minor  can  after  the  years  of  infancy  acquire  a  quasi- 
domicile  of  his  own;  a  quasi-domicile  can  be  acquired  by  the 
wife   not  legally   separated,   while   the  legally  separated   wife 
can  acquire  a  domicile  of  her  own.    (Canon  93.) 

71.  Through   domicile   or  quasi-domicile   each   of  the 
faithful  gets  his  proper  pastor  and  Ordinary.   The  proper  pastor 
and  Ordinary  of  the  vagi  are  the  pastor  and  bishop  of  the  place 
where  the  vagus  actually  stays.     Those  also  who  have  but  a 
diocesan    domicile,    or    quasi-domicile,    have    for    their   proper 
pastor  the  one  in  whose  parish  they  actually  stay.    (Canon  94.) 

72.  Domicile  and  quasi-domicile  are  lost  by  the  act  of 
leaving  the  place  with  the  intention  not  to  return  there.    Minors 
and  married  women  are  an  exception,  as  stated  in  Canon  93. 
(Canon  95.) 

73.  Consanguinity  is   traced  by  lines   of  descent   and 
degrees.     In  the  direct  line  there  are  as  many  degrees  as  there 
are  generations,  or,  in  other  words,  as  many  degrees  as  there 
are  persons,  not  counting  the  stipes  or  head  of  the  line.     In  the 
branch  lines  there  are  as  many  degrees  as  there  are  generations 
in  one  line,  if  the  distance  from  the  common  parent  is  equal ; 
if  the  distance  is  not  equal,  there  are  as  many  degrees  as  there 
are  generations  in  the  longer  line.    (Canon  96.) 

74.  Affinity  arises  from  a  valid  marriage  and  it  makes 


LAWS  CONCERNING  PERSONS  19 

no  difference  whether  it  be  only  a  matrimonium  ratum  or  also 
consummatum.  Affinity  exists  only  between  the  husband  and  the 
blood  relations  of  his  wife,  and  the  wife  and  the  blood  relations 
of  her  husband.  Brothers,  sisters,  etc.,  of  husband  and  wife 
do  therefore  not  enter  into  any  affinity  with  each  other.  The 
degrees  of  affinity  are  numbered  in  the  same  way  as  the  con- 
sanguinity, so  that  the  blood  relations  of  the  husband  become 
the  affines  of  the  wife  in  the  same  line  and  degree  as  they  are 
standing  towards  the  husband;  and  vice  versa.  (Canon  97.) 

75.  To   determine   to  which  of  the  various   Catholic 
Rites  a  person  belongs,  baptism  decides,  so  that  one  belongs 
to  that  Rite  in  which  he  was  baptized,  unless  perhaps  baptism 
was  administered  by  a  priest  of  another  Rite  who  was  not  en- 
titled to  baptize  that  person,  or  baptism  was  given  in  case  of 
necessity  where  no  priest  of  the  proper  Rite  could  be  secured^ 
or,  finally,  when  by  apostolic  indult  a  person  obtained  the  per- 
mission to  be  baptized  with  the  ceremonies  of  a  certain  Rite 
without  the  obligation  to  adhere  to  that  Rite. 

The  clergy  should  not  presume  to  induce  either  Catholics 
of  the  Latin  Rite  to  join  an  Oriental  Rite,  or  Catholics  of 
Oriental  Rites  to  join  the  Latin  Rite. 

No  one  is  allowed  without  permission  from  the  Holy  See 
to  go  over  to  another  Rite,  or  after  a  legal  transfer  to  return 
to  the  former  Rite. 

The  wife  who  belongs  to  another  Rite  than  her  husband 
is  at  liberty  at  the  time  of  marriage,  or  at  any  time  during  the 
marriage,  to  join  the  Rite  of  her  husband.  When  marriage  is 
dissolved,  she  is  free  to  return  to  her  own  Rite,  unless  particu- 
lar laws  rule  otherwise. 

The  custom,  no  matter  of  what  duration  it  may  be,  to 
receive  Holy  Communion  in  another  Rite  does  not  entitle  to, 
or  mean,  a  change  of  Rite.  (Canon  98.) 

76.  There  are  in  the  Catholic  Church  besides  physical 
also  so-called  moral  or  legal  persons,  that  is  to  say  bodies  of 
men,  instituted  by  the  public  authority  of  the  Church,  which 
persons    are    distinguished    into    collegiate    bodies    and    non- 
collegiate,    for    instance,    churches,    seminaries,    benefices,    etc. 
(Canon  99.) 

77.  The  Catholic  Church  and  the  Apostolic  See  have 
the  nature  of  a  legal  person  by  Divine  ordinance.     The  other, 


20  THE  NEW  CANON  LAW 

inferior,  legal  persons  get  their  personality  either  by  law,  or  by 
a  special  concession  of  the  competent  ecclesiastical  superior 
through  a  formal  decree  for  the  purpose  of  religion  or  charity. 
Unless  there  are  at  least  three  individuals,  there  can  be  no 
collegiate  moral  person.  Moral  persons,  both  collegiate  and 
non-collegiate,  are  held  equal  to  minors.  (Canon  100.) 

78.  The    actions    of    collegiate    legal    bodies    in    the 
Church  are  subject  to  the  following  rules. 

Unless  either  the  common  law  or  particular  statutes 
prescribe  a  different  course  of  action,  it  shall  be  the  rule  that 
the  absolute  majority  of  votes  of  all  those  who  have  a  right 
to  vote,  and  actually  do  vote,  decides  a  question,  and  if  in  the 
two  first  votings  no  majority  was  obtained,  the  relative  majority 
of  votes  in  the  third  voting  decides.  If  in  the  third  voting  the 
votes  are  even,  the  president  of  the  election  can,  by  giving  his 
vote  to  one  of  the  parties,  decide  the  matter;  if  the  president 
does  not  want  to  do  this  and  there  is  question  of  elections,  the 
senior  in  ordination,  in  first  profession  or  in  age,  is  to  be  con- 
sidered elected. 

Those  matters  that  touch  each  one  individually,  must 
be  approved  by  all. 

If  there  is  question  of  the  actions  of  non-collegiate  legal 
persons,  the  particular  statutes  and  the  norms  of  the  com- 
mon law  regarding  such  persons  are  to  be  followed. 
(Canon  101.) 

79.  A  legal  person  is  of  its  very  nature  perpetual.    It 
may  be  extinguished  by  suppression  by  the  legitimate  au- 
thority, or  by  having  ceased  to  exist  for  a  space  of  one  hun- 
dred years.     If  at  least  one  individual  of  a  collegiate  legal 
person  remains,  the  rights  of  all  rest  with  that  individual. 
(Canon  102.) 

80.  An  action  that  is  done  by  either  a  physical  or  a 
moral  person  through  extrinsic  force  which  could  not  be 
resisted  is  considered  as  though  it  was  not  done.     Actions 
done  because  of  great  fear  from  unjust  threats,  or  an  ac- 
count of  deceit,  are  valid  unless  the  law  rules  otherwise  in 
some  cases;  they  can,  however,  be  declared  null  and  void 
by  the  ecclesiastical  judge  according  to  Canons  1684-1689, 
at  the  petition  of  the  injured  party,  or  even  without  such 
petition.     (Canon  103.) 


21 

81.  Error  annuls  an  action  when  it  concerns  the  sub- 
stance of  the  action,  or  amounts  to  a  conditio  sine  qua  non; 
otherwise  the  action  is  valid,  unless  the  law  states  the  con- 
trary.    In  contracts,  however,  error  may  give  the  person 
contracting  under  such  error  the  right  to  an  action  in  court 
for  the  rescinding  of  the  contract.    (Canon  104.) 

82.  Whenever  the  law  states  that  the  superior  needs 
the    consent,    or    the    consultation,    of    some    persons,    the 
following  rules  obtain: 

If  consent  is  required,  the  superior  acts  invalidly  against 
the  vote  of  these  persons;  if  only  consultation  is  demanded, 
by  words  like  de  consilio  consultorum,  or  audito  capitulo, 
parocho,  etc.,  it  is  sufficient  for  the  validity  of  the  action 
that  the  superior  consults  these  persons.  Though  he  is  not 
bound  to  follow  their  advice,  he  should  nevertheless  have 
great  regard  for  the  unanimous  vote  where  several  persons 
had  to  be  consulted,  and  he  should  not  without  a  very  good 
reason  go  against  their  counsel. 

If  the  consent,  or  consultation,  of  several  persons  is 
required,  these  persons  should  be  legally  convoked  and  thus 
manifest  their  mind.  The  superior  may,  if  he  thinks  the 
matter  of  sufficient  importance,  oblige  them  to  take  the 
oath  of  secrecy  concerning  this  affair.  All  persons  whose 
consent  or  counsel  is  required  should  with  due  respect, 
truthfulness  and  sincerity  state  their  idea  on  the  subject. 
(Canon  105.)  This  Canon  does  not  say  whether  the  action 
of  a  superior  is  invalid  if  in  cases  where  consent  or  counsel  of 
others  is  required,  he  should  neglect  to  call  some  of  these  per- 
sons. Reference  is  made  to  Canon  162,  §  4,  which  states  that 
the  convocation  of  individuals  for  election  is  not  essential, 
provided  they  were  present  anyhow.  The  same  Canon,  in 
number  3,  declares  that  elections  are  invalid  if  more  than 
one-third  of  those  having  a  vote  were  not  called  and  did 
not  take  part  in  the  election.  We  believe  the  same  may 
be  applied  to  the  validity  of  an  action  where  certain  in- 
dividuals must  intervene. 

83.  In  Canon  106  are  to  be  found  rules  on  precedence 
of  various  ecclesiastical  persons. 

84.  By  Divine  institution  the  clergy  is  distinct  from 
the  laity  in  the  Church,  though  not  all  degrees  of  clerics 


22  THE  NEW  CANON  LAW 

are  of  Divine  institution.     Both  clerics   and  laics   may  be 
Religious.     (Canon  107.) 

PART  I. 
LAWS  CONCERNING  THE  CLERGY. 

SECTION  I. 
The  Clergy  in  General. 

85.  Those  who  have  been  assigned  to  the  Divine  min- 
istry by  the  first  tonsure,  are  called  clerics.    They  are  not  all 
of  the  same  degree,  there  is  a  sacred  hierarchy  by  which  one 
is  subordinate  to  the  other.  This  hierarchy  which  is  of  Divine 
institution  by  reason  of  the  sacred  orders,  consists  of  bish- 
ops, priests  and  ministers;  by  reason  of  jurisdiction  it  con- 
sists of  the  supreme  pontificate  and  the  subordinate  episco- 
pate.   By  institution  of  the  Church  other  degrees  have  been 
added.     (Canon  108.) 

86.  Those  who,  in  the  Church,  are  received  into  the 
ecclesiastical  hierarchy,  are  not  accepted  by  consent  or  a 
call  from  the  secular  authority  or  the  people,  but  are  placed 
in  the  degrees  of  the  power  of  orders  by  sacred  ordination. 
In  the  supreme  pontificate  the  person  lawfully  elected  and 
freely  accepting  the  election  receives  power  of  jurisdiction 
by  Divine  right;  all  others  receive  jurisdiction  by  the  cano- 
nic a  missio. 

87.  Though  the  Holy  See  does  give  to  some  of  the 
clergy  the  title  of  prelate  as  an  honorary  title  without  juris- 
diction, the  proper  meaning  of  the  term  denotes  those  of  the 
secular  or  regular  clergy  who  have  ordinary  jurisdiction  in 
the  external  forum.     (Canon  110.) 

TITLE  I. 

Manner  of  Ascribing  the  Clergy  to  a  Diocese, 

88.  Every  cleric  must  belong  either  to  some  diocese  or 
to  some  religious  community,  vagrant  clerics  are  not  at  all 
recognized.     By  reception   of   the  first   tonsure   a   cleric   is 
ascribed  to,  or  incardinated  in  the  diocese  for  the  service 
of  which  he  was  promoted.     (Canon  111.) 


THE  RIGHTS  AND  PRIVILEGES  OF  CLERICS       23 

89.  With   the   exception   of   the   cases    mentioned   in 
Canons  114  and  641,  §2,  it  is  necessary  for  valid  incardina- 
tion  of  a  cleric  into  another  diocese  that  his  own  bishop 
grant  him  letters  of  perpetual  and  unconditional  excardina- 
tion,  and  that  the  bishop  receiving  him  likewise  issues  letters 
of  perpetual  and  unconditional  incardination.     Letters  of  in- 
and  excardination  must  be  signed  by  the  bishops.     (Canon 
112.) 

90.  The  vicar  general  cannot  grant  incardination  or 
excardination  without  a  special  mandate  from  the  Ordinary, 
nor  can  the  vicar  capitular  do  this  except  after  one  year's 
vacancy  of  the  bishopric,  and  then  only  with  the  consent 
of  the  cathedral  Chapter.     (Canon  113.) 

91.  If  the  Ordinary  gives  to  a  cleric  of  another  diocese 
a  benefice  requiring  residence,  e.  g.  a  parish,  with  the  written 
consent  of  his  Ordinary,  or  with  the  written  permission  al- 
lowing the  cleric  to  leave  his  diocese  for  good,  this  is  con- 
sidered an  ex-  and  incardination.     (Canon  114.) 

92.  By  religious  profession  a  cleric  is  excardinated  from 
his  diocese,  according  to  the  rules  of  Canon  585.  (Canon  115.) 

93.  Excardination  cannot  take  place  without  good  rea- 
sons, and  it  does  not  take  effect,  unless  incardination  in  the 
other  diocese  has  followed,  the  Ordinary  of  which  diocese 
is   held   to   inform   the   other   bishop   as   soon    as   possible. 
(Canon  116.) 

94.  A  bishop   should  not  incardinate   a   cleric  of  an- 
other diocese,  unless  (1)  the  cleric  is  necessary  or  useful  to 
the  diocese  and  the  rules  of  Canon  Law  have  been  observed; 

(2)  the  bishop  has  the  authentic  document  of  excardination 
and  letters  of  the  Curia  about  the  conduct  of  the  cleric; 

(3)  the  cleric  has  taken  the  oath  before  the  incardinating 
Ordinary  or  his  delegate  to  serve  the  new  diocese  for  all 
times  according  to  the  sacred  Canons.     (Canon  117.) 

TITLE  II. 
The  Rights  and  Privileges  of  Clerics. 

95.  Clerics  only  can  obtain  either  the  power  of  orders 
or  that  of  ecclesiastical  jurisdiction,  and  ecclesiastical  bene- 
fices and  pensions.     (Canon  118.) 


24  THE  NEW  CANON  LAW 

96.  All  the  faithful  owe  the  clergy  reverence  according 
to  their  various  rank  and  offices,  and  they  become  guilty 
of  sacrilege  if  they  do  them  personal  injury.  (Canon  119.) 

97.  All  cases  against  clerics,  both  civil  and  criminal, 
must   be  brought  into   the   ecclesiastical  court,   unless   for 
some  countries  other  provisions  have  been  made. 

Cardinals,  Legates  of  the  Holy  See,  bishops,  even  titu- 
lar ones,  abbots  and  prelates  nullius,  the  supreme  heads  of 
religious  bodies  approved  by  Rome,  the  major  officials  of 
the  Roman  Curia  in  reference  to  business  belonging  to  their 
office,  cannot  be  sued  in  the  secular  courts  without  permis- 
sion of  the  Holy  See.  All  others,  clerics  and  religious,  who 
enjoy  the  privilege  of  the  forum,  cannot  be  sued  in  a  civil 
court  without  permission  of  the  Ordinary  of  the  place  where 
the  case  is  to  be  tried.  The  Ordinary,  however,  should  not 
refuse  such  permission,  if  the  suitor  be  a  lay  person,  espe- 
cially after  his  attempts  to  effect  an  agreement  have  failed. 

If  clerics  are  sued  in  the  civil  court  by  one  who  has  not 
obtained  the  permission,  they  may  appear  in  court  because 
they  are  forced  to  obey  the  summons  if  they  want  to  protect 
themselves  against  more  trouble,  but  they  shall  inform  the 
Ordinary  from  whom  permission  should  have  been  obtained. 
(Canon  120.) 

98.  All  clerics  are  free  from  military  service  and  from 
duties  and  public  offices  that  are  unbecoming  to  the  clerical 
station.     (Canon  121.) 

99.  Clerics  who  are  forced  to  pay  their  debts  should  not 
be  deprived  of  what  is  necessary  for  decent  living,  according 
to  the  prudent  judgment  of  the  ecclesiastical  superior,  but 
they  are  bound  to  pay  all  debts  as  soon  as  possible.     (Canon 
122.) 

The  cleric  cannot  renounce  the  afore-mentioned  privi- 
leges; he  loses  them,  however,  if  he  is  reduced  to  the  con- 
dition of  laics,  or  is  punished  with  perpetual  privation  of 
the  ecclesiastical  garb,  according  to  the  rules  laid  down  in 
Canons  213,  §  1,  and  2304.  If  the  penalty  is  remitted,  or  if 
he  is  received  again  among  the  clergy,  the  privileges  revive. 
(Canon  123.) 


OBLIGATIONS  OF  CLERICS  25 

TITLE  III. 

Obligations  of  Clerics. 

100.  Both  the  interior  life  and  the  exterior  behavior  of 
the  clergy  must  be  superior  to  the  laity  and  excel  them  by 
the  example  of  virtue  and  good  deeds.     (Canon  124.) 

101.  The  Ordinary  must  take  care,  (1)  that  the  clergy 
frequently  go  to  confession,  (2)  that  they  make  each  day  a 
meditation  of  some  duration,  visit  the  Blessed  Sacrament, 
say  the  rosary,  and  examine  their  conscience.     (Canon  125.) 

102.  All  secular  priests  must  at  least  once  in  three 
years  make  a  retreat  for  a  length  of  time  to  be  specified  by 
the  Ordinary,  in  a  religious  house  or  other  place  designated 
by  the  bishop.     No  one  shall  be  exempted  from  the  retreat, 
except  in  a  particular  case,  for  a  just  reason,  and  with  the 
explicit  permission  of  the  Ordinary.     (Canon  126.) 

103.  All  clerics,  but  especially  the  priests,  are  under 
the  special  obligation  to  obey  and  respect  their  respective 
Ordinary.     (Canon  127.) 

104.  The  office  imposed  on  clerics  by  the  bishop  must 
be  accepted  and  faithfully  attended  to  as  long  as  the  bishop 
judges  that  the  needs  of  the  Church  in  his  diocese  require 
the  services  of  the  priest.     (Canon  128.) 

105.  The  clerics  after  being  ordained  priests  must  not 
neglect  studies,  especially  of  the  sacred  sciences,  in  which 
they  should  always  follow  the  sound  doctrine  handed  down 
to  us  by  the  Fathers  and  universally  received  by  the  Church, 
and  should  avoid  profane  novelties  of  expression  and  what 
is  wrongly  called  scientific.     (Canon  129.) 

106.  All  priests,  even  though  they  should  have  a  pa- 
rochial or  canon's  benefice,  must  for  three  years  after  their 
ordination   yearly   undergo   an    examination   in   the   sacred 
sciences  as  outlined  by  the  bishop.     The  bishop  may  for 
good  reasons  dispense  from  this  duty.     In  the  appointment 
to  offices  and  benefices  those  ought  to  be  preferred  who,  all 
other  things  being  equal,  were  foremost  in  the  examinations. 
(Canon  130.) 

107.  The  diocesan  conferences  should  be  held  repeat- 
edly during  the  year  in  the  episcopal  city  and  in  each  deanery. 


26  THE  NEW  CANON  LAW 

If  it  should  be  very  difficult  to  have  the  meeting,  the 
answers  to  the  cases  for  conference  should  be  put  in  writing 
and  sent  by  mail  according  to  the  directions  of  the  Ordinary. 

All  secular  priests,  and  also  all  those  religious  who  have 
the  care  of  souls  (as  pastors  or  curates),  and,  if  the  cases 
of  conscience  are  not  held  in  the  monastery,  all  religious 
priests  who  have  the  faculties  of  the  diocese,  must  attend 
the  diocesan  conferences.  (Canon  131.) 

108.  Clerics  in  major  orders  are,  under  pain  of  nullity, 
forbidden  to  marry  and  they  have  the  obligation  of  observing 
chastity,  so  that  sins  against  this  virtue  are  also  a  sacrilege. 
If  a  cleric  received  major  orders  through  grave  fear  or  force, 
and  did  not  ratify  his  ordination  by  accepting  willingly  the 
duties  of  the  clerical  state  of  major  order  men,  he  may  bring 
his  case  before  the  bishop  and  if  he  can  prove  his  case,  he 
must  be  pronounced  free  from  the  obligations  of  the  major 
orders. 

Clerics  in  minor  orders  may  indeed  get  married  but, 
unless  the  marriage  was  invalid  on  account  of  their  being 
forced  to  such  a  marriage  by  grave  fear  or  violence,  they 
cease  to  be  clerics  ipso  facto. 

A  married  man  who  in  good  faith  receives  major  orders 
without  a  dispensation  from  the  Holy  See  is  forbidden  to 
exercise  such  orders.  (Canon  132.) 

109.  The  clergy  shall  take  care  not  to  have  in  their 
houses,  nor  to  visit,  women  that  may  give  reason  for  suspi- 
cion.    They  are  allowed  to  have  in  their  houses  only  such 
women  concerning  whom  there  can  be  no  suspicion  either 
on  account  of  the  natural  bond,  as  mother,  sister,  aunt,  or 
about  whom  on  account  of  their  character  and  more  ad- 

'  vanced  age  all  suspicion  is  removed.  It  is  left  to  the  judg- 
ment of  the  bishop  whether  in  any  case  a  woman  is  to  be 
removed  from  the  priest's  house,  or  the  priest  to  be  for- 
bidden to  visit  a  woman.  If  the  priest  has  been  admonished 
repeatedly  and  yet  continues  to  be  obstinate,  he  is  presumed 
guilty  of  concubinage.  (Canon  133.) 

110.  The  custom  of  the  secular  clergy  to  lead  a  com- 
munity life  is  praiseworthy  and  is  to  be  encouraged,   and 
where  it  is  in  vogue  it  should  be  continued  as  far  as  possible. 
(Canon  134.) 


OBLIGATIONS  OF  CLERICS  27 

111.  Clerics  in  major  orders  are  under  obligation  to 
daily  recite  all  the  canonical  hours  according  to  their  proper 
and  approved  liturgical  books.    Those  clerics  that  have  been 
reduced  to  the  state  of  laics,  as  described  in  Canon  213  and 
214,  are  not  obliged  to  recite  the  office.     (Canon  135.)     Cf. 
No.  144  and  145. 

112.  All  clerics  are  bound  to  wear  a  becoming  clerical 
garb  in  accordance  with  the  legitimate  customs  of  places 
and  with  the  orders  of  the  Ordinary.     They  shall  also  have 
the  clerical  tonsure,  unless  the  custom  of  nations  is  against 
it,  and  the  dressing  of  their  hair  shall  be  free  from  vanity. 
Clerics  are  not  allowed  to  wear  a  ring,  unless  it  is  conceded 
to  them  either  by  law  or  by  Apostolic  privilege. 

Clerics  in  minor  orders  who  of  their  own  authority  and 
without  a  legitimate  cause  do  not  wear  the  ecclesiastical 
garb  and  the  tonsure,  and  have  been  admonished  by  the 
Ordinary  and  do  not  obey  within  a  month,  are  by  the  very 
fact  deprived  of  the  clerical  state.  (Canon  136.) 

113.  Clerics   are   forbidden  to  give  bail  for  any  one, 
even  with  their  own  money,  unless  they  have  the  permis- 
sion of  the  local  Ordinary.     (Canon  137.) 

114.  Clerics  must  abstain  from  all  things  that  are  un- 
becoming their  state :  they  must  not  exercise  unbecoming 
arts;    not   play   games   of   chance   with   money;   not   carry 
weapons,  unless  there  is  justified  cause  for  fear;  not  indulge 
in  hunting  and  never  in  that  kind  of  hunting  that  is  done 
with  much  display  and  publicity;  not  visit  saloons  and  places 
of  the  same  nature  except  in  cases  of  necessity  or  for  any 
other  just  cause  approved  by  the  Ordinary.     (Canon  138.) 

115.  Even  those  affairs   that   are  not  unbecoming  to 
the  clerical  state,   but   are   foreign   to   it,   the   clergy  must 
avoid. 

Without  Apostolic  indult  they  shall  not  practice  medi- 
cine or  surgery;  not  act  as  notary  public,  except  in  the  ec- 
clesiastical Curia;  not  accept  public  offices  that  import  secu- 
lar jurisdiction  or  duties  of  administration. 
,  Without  permission  from  the  Ordinary  the  clerics  shall 
not  act  as  agents  for  goods  and  property  of  lay  people,  or 
assume  secular  offices  that  impose  the  obligation  of  render- 
ing an  account;  not  exercise  the  office  of  procurator  or 


28  THE  NEW  CANON  LAW 

lawyer,  except  in  the  ecclesiastical  court,  or  in  the  civil 
court  when  there  is  question  of  his  own  case  or  of  his 
church;  clerics  shall  not  have  any  part  at  all,  not  even  that 
of  witnesses  unless  they  are  forced  to  act  as  such,  in  criminal 
cases  in  lay  courts  where  the  criminal  is  to  be  punished  with 
a  grave  personal  penalty. 

Without  permission  from  the  Holy  See  the  clerics  are 
not  allowed  to  run  for  or  accept  the  offices  of  senator  and 
deputies  in  those  countries  where  there  is  a  prohibition  of 
the  Pope;  in  other  countries  they  shall  not  attempt  this 
without  the  permission  of  their  Ordinary  as  well  as  of  the 
Ordinary  of  the  place  where  the  election  is  to  take  place. 
(  Canon 'l  39.) 

116.  The  clergy  must  keep  away  from  such  perform- 
ances, dances  and  shows  which  are  unbecoming  to  the  clergy 
and  where  it  would  be  scandalous  to  see  them  attend  these, 
especially  in  public  theatres.     (Canon  140.) 

117.  Clerics  shall  not  volunteer  for  military  service, 
unless  they  do  so  with  the  permission  of  the  bishop  in  coun- 
tries where  they  are  forced  to  serve,  in  order  the  sooner 
to  put  in  their  period  of  service.     Clerics  must  not  take  part, 
or  help  in  any  way,  in  internal  revolts  and  disturbances  of 
public  order.     Clerics  who  in  violation  of  this  law  volunteer 
for  military  service  thereby  forfeit  their  clerical  standing. 
(Canon  141.) 

118.  Clerics    are    forbidden    either    by    themselves    or 
through  others  to  engage  in  any  business  or  gainful  occu- 
pation, whether  for  their  own  benefit  or  for  that  of  others. 
(Canon  142.) 

119.  Clerics,   even   though   they  have   no   benefice   or 
office  requiring  residence,  are  forbidden  to  be  absent  from 
their  diocese  for  a  notable  length  of  time  without  at  least 
the   presumed   permission   of   their  bishop.      (Canon    143.) 
For  absence  of  pastors  cf.  Canon  465. 

120.  Clerics  who  go  into  another  diocese  with  the  per- 
mission of  their  bishop,  but  are  not  excardinated,  can  be 
recalled  for  a  just  reason  but  the  laws  of  equity  must  be 
kept  in  mind.     The  bishop  of  the  other  diocese  likewise  can 
for  a  just  reason  deny  a  priest  permission  to  prolong  his 
stay  in  that  diocese,  unless  he  has  given  the  extern  priest 
a  parish.     (Canon  144.) 


ECCLESIASTICAL  OFFICES  29 

TITLE  IV. 
Ecclesiastical  Offices. 

121.  An  ecclesiastical  office,  in  the  wide  sense  of  the 
word,  is  any  employment  that  has  a  spiritual  purpose.     In 
the  strict  sense  an  ecclesiastical  office  means  a  stable  posi- 
tion  which   is   created   either   by   God   Himself   or  by   the 
Church,   conferred  according  to  the  rules  o^  Canon   Law, 
and   carrying  with   it   some   participation   of    ecclesiastical 
power  either  of  Holy  Orders  or  of  jurisdiction. 

In  law  the  word  office  is  accepted  in  the  strict  sense 
unless  the  context  clearly  shows  the  contrary.  (Canon  145.) 

Canons  147-195  treat  of  appointment  to  offices,  election, 
postulation,  loss  of  office.  We  will  here  quote  the  Canons 
that  might  find  application  to  the  condition  of  the  Church  in 
the  United  States,  and  in  countries  where  the  same  condi- 
tions prevail. 

122.  An  ecclesiastical  office  cannot  be  obtained  with- 
out a  canonical  appointment.     By  ecclesiastical  or  canonical 
appointment  is  understood  the  conferring  of  an  ecclesiastical 
office  by  the  competent  ecclesiastical  authority,   according 
to  the  sacred  Canons.     (Canon  147.) 

123.  Offices  that  have  the  care  of  souls  attached  to 
them  either  in  the  external  or  internal  forum,  cannot  validly 
be  given  to  clerics  who  are  not  yet  ordained  priests.    (Canon 
154.)     This  regulation  is  new,  for  according  to  the  former 
law  a  cleric  could  be  appointed  pastor  of  a  parish  before  he 
was  ordained  priest. 

124.  Appointment  to  offices  that  have  become  vacant 
should  never  be  deferred  over  six  months  from  the  time 
when   the  vacancy  became  known,  if  special  laws   do  not 
otherwise  specify  the  term.     In  the  appointment  of  pastors 
the  concession  of  Canon  458  is  to  be  considered.     (Canon 
155.) 

125.  An  office  that  has  become  vacant  either  through 
renunciation  or  by  the  sentence  of  the  ecclesiastical  Court 
cannot  validly  be  conferred  by  the  bishop,  who  accepted  the 
resignation  or  gave  the  sentence,  on  his  (the  bishop's)  re- 
lations, either  .of  kin  or  by  marriage,  in  the  first  and  second 
degree,  nor  on  a  cleric  in  his  service.     Relations,  either  of 


30  THE  NEW  CANON  LAW 

kin  or  by  marriage,  to  the  second  degree  and  clerics  in  the 
service  of  the  one  resigning  the  office  are  at  the  same  time 
barred  from  taking  said  office.  (Canon  157.) 

126.  Appointment   to   any   office    should   be   made   in 
writing.     (Canon  159.) 

TITLE  V. 
Ordinary  and  Delegated  Jurisdiction. 

127.  In  the  Catholic  Church  there  is,  by  Divine  insti- 
tution, the  power  of  jurisdiction  or  government.     This  is 
twofold,  that  of  the  external  forum  and  that  of  conscience 
or  the  internal  forum,  which  latter  is  subdivided  into  sacra- 
mental and  extra-sacramental  jurisdiction.     (Canon  196.) 

128.  By   ordinary  jurisdiction   is   meant   the   one   that 
goes  by  right  with  the  appointment  to  an  office.     Delegated 
jurisdiction  is  such  that  may  be  committed  to  a  cleric  by  his 
superior.     (Canon  197.) 

129.  In  law  the  term  Ordinary,  besides  having  refer- 
ence to  the  Roman  Pontiff,  refers  to  the  bishop,  abbot  or 
prelate  nullius  and  their  vicars   general,   administrator,   vicar 
and  prefect  apostolic,  in  their  respective  territories,  and,  in 
case  of  vacancy  in  these  offices,  to  those  who  by  law  or  le- 
gitimate custom  succeed  them  in  office.     In  exempt  clerical 
Religious  Orders  the  major  superiors  come  also  under  the 
name  of  Ordinaries.     By  the  term  ordinarius  loci  or  locorum 
are  meant  all  person  enumerated  in  this  Canon  except  re- 
ligious superiors.     (Canon  198.) 

130.  He  who  has  ordinary  jurisdiction  can  delegate  it 
to  another,  either  totally  or  in  part,  unless  the  law  expressly 
restricts  the  power  of  delegation. 

Jurisdiction  delegated  by  the  Holy  See  can  be  sub- 
delegated,  either  for  one  act  or  also  habitually,  unless  the 
person  was  delegated  for  reason  of  personal  aptitude  (in- 
dustria  personae},  or  subdelegation  was  forbidden. 

Jurisdiction  delegated  for  a  universality  of  cases  by  an 
Ordinary  inferior  to  the  Roman  Pontiff  can  be  subdelegated 
in  individual  cases. 

In  all  other  delegations  the  delegated  jurisdiction  can- 
not be  subdelegated  except  the  power  to  subdelegate  has 


ORDINARY  AND  DELEGATED  JURISDICTION       31 

been  expressly  granted.  Acts  that  do  not  import  jurisdic- 
tion can  be  subdelegated  by  delegated  judges  even  though 
subdelegation  was  not  expressly  conceded. 

No  subdelegated  jurisdiction  can  be  further  subdele- 
gated, unless  this  power  has  been  explicitly  granted.  (Canon 
199.) 

131.  The  ordinary  power  of  jurisdiction  and  the  juris- 
diction delegated  for  the  universality  of  cases  is  to  be  inter- 
preted liberally;  all  other  jurisdiction  strictly.     To  whom, 
however,  jurisdiction  has  been  delegated,  to  him  it  is  under- 
stood all  such  power  has  been  given  as  is  necessary  to  make 
his  jurisdiction  effective.     He  who  claims  to  possess  dele- 
gated jurisdiction  has  the  burden  of  proving  his  delegation. 
(Canon  200.) 

132.  The  power  of  jurisdiction  can  be  exercised  directly 
over  subjects  only. 

The  judicial  power,  both  ordinary  and  delegated,  can- 
not be  exercised  for  one's  own  comfort  nor  outside  the  proper 
territory.  For  exceptions  Canons  401,  1;  881,  2;  and  1637 
are  to  be  considered. 

The  non-judicial  or  so-called  voluntary  jurisdiction  can 
be  exercised  even  in  one's  own  favor,  and  made  use  of  even 
outside  one's  territory,  and  in  favor  of  a  subject  who  is  out- 
side the  territory,  unless  the  nature  of  the  case  or  the  posi- 
tive rules  of  law  forbid  such  use  of  jurisdiction.  According 
to  this  rule  a  bishop  can  give  various  faculties  to  one  of  his 
priests  even  though  the  bishop  is  outside  his  diocese,  and 
he  can  give  them  to  his  priests  even  though  they  be  absent 
from  the  diocese.  Faculties,  unless  restricted  by  law,  or  by 
the  one  conceding  them,  can  be  used  also  outside  the  diocese 
of  the  bishop  who  granted  them.  The  faculties  granted  to 
their  priests  by  bishops  in  virtue  of  the  five  or  ten  years'  fac- 
ulties they  formerly  received  from  the  Holy  See  were,  as  a 
rule,  granted  to  priests  only  as  long  as  they  worked  in  the 
diocese.  Whether  certain  absolutions  from  censures  and 
other  faculties  could  be  exercised  by  the  priests  also  while 
they  were  for  a  time  outside  their  own  diocese  depended  on 
the  wording  of  the  faculties.  Many  of  the  papal  faculties 
were  granted  even  to  the  bishops  with  the  restriction  that 
they  could  not  make  use  of  them  outside  the  limits  of  their 


32  THE  NEW  CANON  LAW 

diocese.     (Canon  201.)     Cf.  No.  900  on  the  revocation  of 
these  faculties. 

133.  An    act    of   jurisdiction    in    the    external    forum, 
whether  ordinary  or  delegated,  holds  also  for  the  internal 
forum.     The  act  of  one  having  jurisdiction  for  the  internal 
forum  only  does  not  hold  in  the  external  forum. 

Jurisdiction  given  for  the  internal  forum  can  be  exer- 
cised also  out  of  confession,  unless  the  faculty  is  restricted 
to  the  sacramental  forum. 

If  the  wording  of  the  faculty  does  not  mention  the 
forum,  it  is  considered  as  given  for  both  the  internal  and  ex- 
ternal forum,  unless  the  nature  of  the  faculty  indicates  the 
contrary.  (Canon  202.) 

134.  The  delegate  who  acts  beyond  his  mandate,  either 
as  to  the  matters  or  the  persons  over  which  he  received 
power,  acts  invalidly.     The  delegate,  however,  is  not  to  be 
considered  to  have  exceeded  the  limits  of  his  delegation  if 
only  the  manner  in  which  he  transacted  the  affair  is  contrary 
to  the  wishes  of  the  one  who  delegated  him,  unless  the  way 
how  to  proceed  was  prescribed  as  a  condition  of  the  dele- 
gation.    (Canon  203.) 

135.  If  a  person  applies  to  a  higher  superior,  passing 
the  inferior,  the  so-called  voluntary  jurisdiction  of  the  in- 
ferior, i.  e.  such  as  is  exercised  outside  judicial  proceedings, 
is  not  thereby  suspended,  whether  he  has  ordinary  or  dele- 
gated power.     He  shall,  however,  not  interfere  when  the 
matter  has  been  brought  to  the  higher  superior  except  for 
grave  and  urgent  reasons,  in  which  case  he  shall  immediately 
notify  the  superior.     (Canon  204.) 

136.  If    several    individuals    have    received    delegated 
power  concerning  the  same  affair  and  doubt  arises  whether 
the  delegation  was  given  in  solidum,  or  collegialiter,  it  is  to 
be  considered  given  in  solidum  in  matters  that  do  not  require 
judicial  proceedings,   as   collegialiter  in   matters   of  judicial 
proceedings. 

If  several  persons  are  delegated  in  solidum,  he  who  first 
makes  use  of  the  power  in  the  case  excludes  the  others  so 
that  they  no  longer  have  power,  unless  the  first  is  after- 
wards impeded,  or  does  not  wish  to  continue  to  act  in  the 
affair. 


ORDINARY  AND  DELEGATED  JURISDICTION       33 

If  several  persons  are  delegated  collegialiter,  all  must 
act  together  in  the  case  in  order  that  their  action  may  be 
valid,  unless  in  the  faculty  other  provisions  are  made. 
(Canon  205.) 

137.  If  several  persons  have  been   delegated   for  the 
same  affair  but  at  different  times,  the  one  first  delegated  in 
order  of  time  must  attend  to  the  affair  unless  the  later  dele- 
gation explicitly  revoked  the  former.     (Canon  206.) 

138.  The  delegated  jurisdiction  ceases  in  the  following 
ways:  when  the  mandate  has  been  complied  with;  when  the 
time  has  expired  or  the  number  of  cases  is  exhausted;  when 
the  motive  for  which  delegation  was  given  has  ceased;  by 
recall  of  the  delegation  made  known  to  the  one  delegated  by 
the  superior;  by  renunciation  of  the  delegate  and  acceptance 
of  the  same  by  the  superior;  but  delegated  jurisdiction  does 
not  cease  by  the  passing  out  of  office  of  the  one  delegating, 
except  in  the  case  mentioned  in  Canon  61.    Cf.  No.  46. 

Jurisdiction  granted  for  the  internal  forum  is  still  validly 
exercised  if  through  inadvertence  the  priest  has  not  no- 
ticed that  the  time  for  his  faculties  has  expired  or  that  he 
had  used  up  the  number  of  cases  for  which  he  had  faculties. 

When  several  persons  are  delegated  collegialiter,  all  lose 
their  jurisdiction  by  the  fact  that  one  is  absent,  dies,  refuses 
to  act,  etc.,  unless  the  contrary  is  stated  in  the  document  of 
delegation.  (Canon  207.) 

139.  As  stated  in  Canon  183,  §  2,  the  ordinary  jurisdiction 
does  not  cease  on  account  of  the  death,  etc.,  of  the  one  con- 
ceding the  office.    When  the  office  is  lost,  the  ordinary  juris- 
diction attached  to  it  is  likewise  lost.     The  ordinary  juris- 
diction is  suspended  in  the  case  of  legitimate  appeal,  unless 
the  appeal  is  only  in  devolutivo.     (Canon  208.)     Exceptions 
to  this  Canon  are  found  in  Canons  2264  and  2284. 

140.  The  Church  supplies  jurisdiction  both  for  the  ex- 
ternal and  the  internal  forum  (1)  in  common  error,  (2)  in 
a  positive  and  probable  doubt  of  fact  as  well  as  of  law. 
(Canon  209.)     The  former  teaching  of  authors  concerning 
supplied  jurisdiction,  especially  as  to  the  titulus  coloratus,  etc., 
must  be  corrected  to  agree  with  this  Canon. 

141.  The  power  of  orders  which  has  been  attached  to 
an  office  by  the  legitimate  ecclesiastical  superior  or  been 


34  THE  NEW  CANON  LAW 

committed  to  a  person  by  him,  cannot  be  delegated  to 
others,  unless  the  law  or  the  indult  explicitly  allows  dele- 
gation. (Canon  210.) 

TITLE  VI. 
Reduction  of  Clerics  to  the  State  of  the  Laity. 

142.  Though   the   sacred   ordination   once   validly   re- 
ceived cannot  be  invalidated,  nevertheless  a  cleric  in  major 
orders  may  be  reduced  to  the  state  of  the  laity  by  rescript 
of  the  Holy  See,  or  by  the  decree  or  sentence  of  the  ecclesi- 
astical court  according  to  Canon  214,   and,  finally,  by  the 
penalty  of  degradation. 

A  cleric  in  minor  orders  may  be  reduced  to  the  state 
of  the  laity  not  only  by  the  very  fact  of  committing  actions 
to  which  the  law  attaches  loss  of  the  clerical  state,  but  also 
by  his  own  free  will  under  condition  that  he  request  the 
Ordinary  to  allow  him  to  return  to  the  lay  state;  or  the 
Ordinary  may  of  his  own  accord  issue  a  declaration  to  that 
effect  when  he  prudently  judges  that  the  cleric  could  not, 
with  due  respect  for  the  clerical  state,  be  promoted  to  sacred 
orders.  (Canon  211.) 

143.  If  a  cleric  in  minor  orders  has  for  any  reason  re- 
turned to  the  state  of  the  laity,  he  can  again  be  admitted  to 
the  clergy  with  the  permission  of  the  Ordinary  into  whose 
diocese  he  was  incardinated  by  the  orders.     The  Ordinary, 
however,  should  not  grant  permission  except  after  a  dili- 
gent inquiry  concerning  the  life  and  morals  of  the  indivi- 
dual and  after  a  trial  the  length  of  which  is  to  be  determined 
by  the  same  bishop. 

A  cleric  in  major  orders  who  has  returned  to  the  lay 
state  cannot  be  admitted  again  to  the  clerical  state  except 
by  permission  of  the  Holy  See.  (Canon  212.) 

144.  All   clerics   who   have   been    legally   reduced,    or 
have   returned  with   permission,   to   the   state  of  the   laity 
thereby  lose  the  offices,  benefices,  rights  and  privileges  of 
clerics  and  are  forbidden  to  wear  the  cassock  and  the  ton- 
sure.   A  cleric  in  major  orders,  however,  is  held  to  celibacy, 
saving  the  exception  made  in  the  following  Canon.     (Canon 
213.) 


CLERICS  INDIVIDUALLY  35 

145.  The  cleric  who  received  a  major  order  out  of 
grave  fear  may  by  the  sentence  of  the  ecclesiastical  judge 
be  reduced  to  the  state  of  the  laity,  provided  he  can  prove 
that  he  was  ordained  in  fear  and  has  not  ratified  the  ordi- 
nation afterwards,   at  least  tacitly,  by  the  exercise  of  the 
order  with  the  intention  of  subjecting  himself  to  the  obli- 
gations of  the  major  orders.     He  is  then  free  from  the  obli- 
gation of  celibacy  and  from  the  duty  of  saying  the  breviary. 
The  want  of  liberty  and   absence   of  ratification   must   be 
proved  according  to  the  rules  of  Canons  1993-1998.     (Canon 
214.) 

SECTION  II. 
Clerics  Individually. 

146.  The  Supreme  Authority  alone  can  erect  ecclesi- 
astical provinces,  dioceses,  abbeys  or  prelatures  nullius,  vi- 
cariates    apostolic,    prefectures    apostolic;    or   change    their 
limits,  divide,  unite,  suppress  them. 

In  law  the  term  of  diocese  refers  also  to  abbeys  or  pre- 
latures nullius,  and  the  name  of  bishop  also  to  the  abbot  or 
the  prelate  nullius,  unless  the  nature  of  the  case  or  the  con- 
text of  the  law  show  the  contrary.  (Canon  215.) 

147.  The  territory  of  each  diocese  shall  be  divided  in- 
to distinct  territorial  sections  and  each  section  shall  have 
its  own  church  to  which  the  Catholic  population  of  the  dis- 
trict shall  be  assigned.     Such  a  church  is  presided  over  by 
a  rector  as  the  proper  pastor  for  the  necessary  care  of  souls. 

In  like  manner  shall  the  vicariates  and  prefectures  apos- 
tolic be  divided  where  it  can  conveniently  be  done. 

The  parts  or  sections  of  a  diocese  are  called  parishes; 
those  of  vicariates  and  prefectures  apostolic  are  called  quasi- 
parishes,  and  the  priests  assigned  to  the  quasi-parishes  are 
called  quasi-pastors. 

Without  special  permission  from  the  Holy  See  parishes 
may  not  be  established  that  are  not  divided  by  territory  but 
by  the  difference  of  language  of  the  people  in  the  same  town 
or  city.  It  is  likewise  forbidden  to  establish  purely  personal 
parishes,  i.  e.,  for  certain  classes  of  people,  or  parishes  for  cer- 
tain families.  As  to  already  established  parishes  of  the  kind 


36  THE  NEW  CANON  LAW 

mentioned  in  this  Canon  nothing  shall  be  changed  without 
consulting  the  Holy  See. 

This  law  of  the  new  Code  does  away  with  the  differ- 
ence between  pastors  of  European  countries  and  those  of 
countries  like  the  United  States;  both  are  equally  pastors, 
no  matter  whether  they  are  irremovable  or  otherwise, 
whether  they  have  a  fixed  income  or  get  their  salary  from 
the  voluntary  offerings  of  the  faithful.  For  many  centuries 
past  the  immovability  from  office  and  the  endowment  of 
the  church  were  considered  essential  to  a  pastorship  in  the 
strict  sense  of  the  word.  In  more  recent  decrees  concern- 
ing pastors  there  has  been  a  noticeable  tendency  not  to  in- 
sist so  much  on  the  irremovable  feature  of  the  office.  The 
condition  of  the  Church  in  many  countries  at  the  present 
time  makes  it  impossible  to  have  a  benefice  connected  with 
the  parish.  The  benefice,  consisting  of  lands  and  houses 
belonging  to  the  church,  from  the  rent  of  which  the  pastor 
drew  his  living,  was  made  impossible  in  countries  where 
either  the  government  has  taken  the  property  with  which 
the  Catholic  people  had  endowed  the  churches  in  the  course 
of  centuries,  or  the  Church  is  laboring  under  difficulties 
among  a  scattered  Catholic  population,  so  that  endowments 
are  impracticable  or  impossible.  (Canon  216.) 

148.  The  bishop  shall  divide  his  diocese  into  regions  or 
districts  consisting  of  several  parishes,  which  districts  are 
known    under    the    names    of   vicariatus   foranei,    decanatus 
(our  deaneries),  archipresbyteratus,  etc. 

If  this  division  should  on  account  of  peculiar  circum- 
stances be  impossible  or  inopportune,  the  bishop  must  con- 
sult the  Holy  See,  unless  provision  has  already  been  made 
by  Rome.  (Canon  217.) 

TITLE  VII. 
The  Supreme  Authority  and  Those  who  by  Law  Share  in  it. 

CHAPTER  I. 
The  Roman  Pontiff. 

149.  The  Roman  Pontiff  as  the  successor  of  the  Pri- 
macy of  St.  Peter,  has  not  only  the  prerogative  of  honor 


THE  GENERAL  COUNCIL  37 

but  also  the  supreme  and  full  power  of  jurisdiction  over  the 
universal  Church,  in  matters  of  faith  and  morals  as  well  as 
in  those  that  pertain  to  the  discipline  and  government  of 
the  Church  that  extends  itself  throughout  the  whole  world. 
This  power  is  truly  episcopal,  ordinary  and  immediate, 
and  extends  over  each  and  every  pastor  as  well  as  over  the 
faithful,  and  is  independent  from  any  human  authority. 
(Canon  218.) 

150.  The  Roman  Pontiff  after  his  legitimate  election 
obtains  at  once,  from  the  moment  he  accepts  the  election,  by 
Divine   right   the   full   power   of  his    supreme   jurisdiction. 
(Canon  219.) 

151.  Affairs  of  greater  importance,  which  are  reserved 
exclusively  to  the  Roman  Pontiff  either  by  their  very  na- 
ture or  by  law,  are  called  causae  major es.     (Canon  220.) 

152.  If  the  Roman  Pontiff  should  resign  his  office,  it 
is  not  necessary  for  validity  that  the  Cardinals  or  any  others 
accept  the  renunciation.     (Canon  221.) 

CHAPTER  II. 
The  General  Council. 

153.  There  can  be  no  General  Council  unless  it  is  con- 
voked by  the  Roman  Pontiff.     It  is  the  right  of  the  Roman 
Pontiff  to  preside,  either  in  person  or  through  others,  at  the 
General  Council,  to  determine  the  matters  to  be  discussed 
and  in  what  order,  to  transfer,  suspend,  dissolve  the  Council, 
and  to  confirm  its  decrees.     (Canon  222.) 

154.  There  are  to  be  called  to  the  General  Council  the 
following  persons  who  shall  have  a  decisive  vote : 

1.  The  Cardinals  of  the  Holy  Roman   Church,  even 
those  who  are  not  bishops. 

2.  The   patriarchs,   primates,   archbishops,   residential 
bishops,  even  those  not  yet  consecrated. 

3.  The  abbots  and  prelates  nullius. 

4.  The   abbot   Primas,   abbots   who   are   superiors   of 
Monastic  Congregations,  and  the  supreme  heads  of  clerical 
exempt  Orders  of  religious.    The  superiors  general  of  other 
religious  bodies  are  not  to  be  called,  unless  the  bull  of  con- 
vocation explicitly  states  that  they  are  to  be  called. 


38  THE  NEW  CANON  LAW 

If  titular  bishops  are  called  to  the  General  Council,  they 
have  a  decisive  vote,  unless  it  is  otherwise  stated  in  the 
convocation.  The  theologians  and  experts  of  the  sacred 
Canons  who  may  be  invited  to  the  General  Council  have 
but  a  consultive  vote.  (Canon  223.) 

155.  If  any  one  of  those  called  to  the  Council,  who 
according  to  the  foregoing  Canon  have  a  right  to  be  present, 
cannot  come  on  account  of  some  just  impediment,  he  may 
send  a  procurator  and  prove  the  impediment.    If  the  procur- 
ator is  one  of  the  Fathers  of  the  Council,  he  shall  not  have 
a  double  vote;  if  he  is  not,  he  shall  be  allowed  to  be  present 
only  at  the  public  sessions,  but  without  a  vote.     When  the 
Council  is  finished  he  is  entitled  to  subscribe  his  name  to 
the  acts  of  the  Council.     (Canon  224.) 

156.  No   one   of   those   who   must   be   present   at   the 
Council  will  be  allowed  to  leave  before  the  Council  is  law- 
fully finished,  unless  the  president  of  the  Council  shall  have 
investigated  and   approved  of  the   reason   for  leaving  and 
have  granted  permission  to  leave.     (Canon  225.) 

157.  The  Fathers  of  the  Council  may  add  other  ques- 
tions to  those  proposed  by  the   Roman   Pontiff,   but  they 
must  previously  have  been  approved  by  the  president  of  the 
Council.     (Canon  226.) 

158.  The  decrees  of  the  Council  have  no  definite  bind- 
ing force,  unless  they  shall  have  been  confirmed  by  the  Ro- 
man Pontiff  and  promulgated  by  his  orders.     (Canon  227.) 

159.  The  General  Council  has  supreme  jurisdiction  in 
the  whole  Church.     From  the  judgment  of  the  Roman  Pon- 
tiff there  is  no  appeal  to  the  General  Council.     (Canon  228.) 

160.  If  it  happens  that  the  Roman  Pontiff  dies  during 
the  celebration  of  the  Council,  the  Council  is  by  that  very 
fact  suspended  until  the  new  Pontiff  shall  have  ordered  its 
reassumption  and  continuation.     (Canon  229.) 

CHAPTER  III. 
The  Cardinals  of  the  Holy  Roman  Church. 

Canons  230-241  treat  of  the  creation,  the  rights  and 
duties  of  Cardinals. 

161.  Canon  239  contains  the  privileges  and  faculties 


THE  CARDINALS  OF  THE  HOLY  ROMAN  CHURCH     39 

which  are  granted  to  the  Cardinals  of  the  Church  from  the 
time  when  their  promotion  to  the  cardinalate  is  published 
in  a  consistory  by  the  Roman  Pontiff,  and  from  that  time 
they  obtain  the  right  to  vote  at  the  election  of  the  Roman 
Pontiff.  If  the  Roman  Pontiff  announces  the  creation  of  a 
Cardinal  but  reserves  the  name  in  pectore,  as  it  is  called, 
the  one  who  has  been  thus  promoted  does  not  in  the  mean- 
time enjoy  any  of  the  rights  and  privileges  of  Cardinals,  but 
after  his  name  has  been  made  public  by  the  Roman  Pontiff, 
he  participates  in  them  from  the  time  of  publication,  but 
he  takes  precedence  from  the  time  his  elevation  was  an- 
nounced as  reserved  in  pectore.  (Cf.  Canon  233.) 

The  list  of  privileges,  besides  others  scattered  through 
the  Canons,  is  as  follows: 

1.  To  hear  confessions  in  the  whole  world,  also  of  the 
religious  of  either  sex,  and  to  absolve  their  penitents  from 
all  reserved  sins  and  censures,  with  the  exception  of  those 
reserved  to  the  Holy  See  specialissimo  modo  and  the  cen- 
sures incurred  by  revealing  secrets  of  the  Congregation  of 
the  Holy  Office. 

2.  To  choose  for  themselves  and  their  servants  a  priest 
as  confessor  who,  if  he  should  not  have  jurisdiction,  obtains 
it  by  the  very  fact  that  the  Cardinal  appoints  him  as  con- 
fessor, and  who  also  has  the  faculty  to  absolve  from  all  re- 
served sins  and  censures  as  stated  in  the  preceding  paragraph. 

3.  To  preach  the  Word  of  God  everywhere. 

4.  To  celebrate,  or  to  allow  another  to  celebrate  in  his 
presence,  one  Holy  Mass  on  Holy  Thursday  and  three  Holy 
Masses  on  Christmas  night. 

5.  To   bless   everywhere,   by   the   Sign   of   the    Cross 
alone,  rosaries  and  other  crowns  of  prayer,  crosses,  medals, 
statues,  all  scapulars  approved  by  the  Holy  See,  and  to  im- 
pose them  without  the  obligation  of  having  the  names  in- 
scribed and  to  attach  all  the  indulgences  to  these  sacred 
objects  which  the  Holy  See  usually  grants. 

6.  To  erect  the  Stations  of  the  Way  of  the  Cross  with 
one  blessing  in  churches,  oratories,  even  private  ones,  and 
in  other  pious  places,  with  all  the  indulgences  granted  to 
those  who  make  this  devout  exercise ;  to  bless  crucifixes  with 
the  indulgences  of  the  Way  of  the  Cross  for  the  use  of  the 


40  THE  NEW  CANON  LAW 

sick  and  those  who  are  in  any  other  way  legitimately  im- 
peded from  making  the  Stations  in  a  place  where  they  are 
erected. 

7.  To  say  Holy  Mass  on  a  portable  altar,  not  only  in 
their  own  residences  but  wherever  they  actually  stay,  and 
to  allow  that  another  Mass  is  said  in  their  presence. 

8.  To  celebrate  on  the  ocean  observing  the  proper  pre- 
cautions. 

9.  To  say  Holy  Mass  in  any  church  or  oratory  in  con- 
formity with  their  own  calendar. 

10.  To  have  each  day  the  personal  indult  of  the  privi- 
leged altar. 

11.  To  gain  in  their  own  oratories  the  indulgences  for 
the  gaining  of  which  is  prescribed  a  visit  to  some  church  or 
shrine  of  the  town  or  city  in  which  the   Cardinal  actually 
stays,  and  his  servants  participate  in  this  indult. 

12.  To  bless  the  people  in  any  place  with  the  episcopal 
benediction,  but  in  the  City  of  Rome  only  in  churches,  pious 
institutions  and  at  gatherings  of  the  faithful. 

13.  To  wear  the  pectoral  cross  over  the  mozeta  like 
the  bishops  and  to  use  the  mitre  and  crozier. 

14.  To   celebrate   Holy  Mass  in   any  private   oratory 
without  prejudice  to  the  one  who  enjoys  the  indult. 

15.  To  exercise  pontifical  functions  with  throne  and 
canopy  in  all  churches  outside  the  City  of  Rome ;  if  the  Car- 
dinal wishes  to  make  use  of  the  pontificals  in  a  cathedral, 
he  shall  previously  advise  the  Ordinary  of  the  fact. 

16.  To  receive  everywhere  the  honors  which  are  usu- 
ally bestowed  on  the  local  Ordinaries. 

17.  To  authenticate  in  the  external  forum  the  oral  pro- 
nouncements of  the  Supreme  Pontiff. 

18.  To  have  a  private  oratory  which  is  exempt  from 
the  visitation  of  the  Ordinary. 

19.  To  freely  dispose,  also  by  last  will,  of  the  revenue 
of  their  benefice,  saving  the  exception  contained  in  Canon 
1298.  This  Canon  which  refers  to  Cardinals  who  reside  in 
the  City  of  Rome,  is  quoted  below. 

20.  To  consecrate  and  bless  everywhere  churches,  al- 
tars, sacred  utensils,  abbots,  and  exercise  similar  functions, 


THE  ROMAN  CURIA  41 

with  the  exception  of  the  consecration  of  the  holy  oils,  if 
the  Cardinal  is  not  ordained  bishop,  observing  the  pre- 
scribed regulations  and  the  law  of  Canon  1157,  which  rules 
that  notwithstanding  any  privilege,  no  one  can  bless  or  con- 
secrate a  sacred  place  without  the  consent  of  the  Ordinary. 

21.  To  have  precedence  over  all  prelates  and  patriarchs 
and  even  the  papal  legates  themselves,  unless  the  legate  be 
a  Cardinal  residing  in  his  own  territory;  a  Cardinal  Legate 
a  latere   outside  the  City  of  Rome  precedes  all  other  pre- 
lates. 

22.  To  confer  the  first  tonsure  and  minor  orders,  pro- 
vided the  candidates  have  the  dismissorial  letters  of  their 
own  Ordinary. 

23.  To  confer  the  Sacrament  of  Confirmation  with  the 
obligation  of  having  the  names  of  those  confirmed  entered 
in  the  record  as  required  by  law. 

24.  To  grant  an  indulgence  of  two  hundred  days,  to 
be  gained  toties  quotics,  in  places  or  institutions  for  persons 
under  his  jurisdiction  or  protectorate;  also  in  all  other  places, 
but  to  be  gained  by  those  present  only  and  once  only  each 
time.    (Canon  239.) 

CHAPTER  IV. 
The  Roman  Curia. 

162.  The  Roman  Curia  consists  of  the  Sacred  Congre- 
gations, Tribunals  and  Offices  as  described  in  the  following 
Canons.     (Canon  242.) 

163.  In  each  of  the  Congregations,  tribunals  and  of- 
fices the  laws  and  rules  for  transacting  business  shall  be  fol- 
lowed which  are  either  in  general  or  for  each  in  particular 
given  by  the  Roman  Pontiff.    All  who  belong  to  any  of  the 
Congregations,  tribunals  and  offices  of  the  Roman  Curia  are 
held  to  secrecy  within  the  limits  and  according  to  the  laws 
laid  down  for  each.     (Canon  243.) 

164.  Nothing  of  importance  shall  be  transacted  in  these 
Congregations,  tribunals  and  offices  without  the  moderator 
of  them  having  notified  the  Roman  Pontiff  of  the  affair. 

All  favors  and  all  decrees  need  the  approval  of  the  Pope, 
except  those  affairs  for  which  special  faculties  have  been 


42  THE  NEW  CANON  LAW 

given  to  the  moderators  of  the  offices,  tribunals  and  Con- 
gregations ;  the  sentences  of  the  tribunals  of  the  Roman  Rota 
and  of  the  Apostolic  Signatura  also  do  not  need  the  Pope's 
approval.  (Canon  244.) 

165.  If  any  controversy  arises  concerning  the  compe- 
tency between  the  sacred  Congregations,  tribunals  and  offices 
of  the  Roman  Curia,  a  committee  of  Cardinals  which  the  Ro- 
man Pontiff  shall  designate  will  decide  the  question.    (Canon 
245.) 

Article  I.    The  Roman  Congregations. 

166.  Each  of  the  Congregations  is  presided  over  by  a 
Cardinal  Prefect,  or  if  the  Roman  Pontiff  is  himself  the  Pre- 
fect of  the  Congregation,  it  shall  be  directed  by  a  Cardinal 
Secretary.     To  the  prefects  are  joined  as  many  Cardinals 
as  the  Pontiff  may  think  fit  to  assign,  together  with  other 
necessary  assistants.     (Canon  246.) 

167.  The  Congregation  of  the  Holy  Office,  of  which 
the  Supreme  Pontiff  is  the  prefect,  guards  the  doctrines  on 
faith  and  morals. 

It  judges  crimes  which  according  to  its  own  proper  law 
are  reserved  to  it,  with  the  power  to  judge  these  criminal 
cases  not  only  in  the  case  of  appeals  from  the  court  of  the 
local  Ordinaries,  but  also  in  the  first  instance,  if  the  case  has 
been  directly  brought  before  this  Congregation. 

It  has  exclusive  jurisdiction  in  cases  concerning  the 
Pauline  privilege  in  marriage,  disparity  of  cult  and  mixed 
religion,  and  to  this  Congregation  belongs  the  power  to  dis- 
pense from  these  impediments.  It  is  left  to  the  judgment 
of  the  Congregation  to  give  the  case  over  to  another  Con- 
gregation or  to  the  tribunal  of  the  Roman  Rota. 

All  questions  of  forbidden  books  are  subject  to  this  Con- 
gregation. 

The  eucharistic  fast  for  priests  who  say  Holy  Mass  is 
exclusively  subject  to  this  Congregation.  (Canon  247.) 

168.  The  Consistorial  Congregation  has  the   Roman 
Pontiff  as  Prefect.    The  Cardinal  Secretary  of  the  Holy  Of- 
fice, the  Prefect  of  the  Congregation  of  Seminaries  and  Uni- 
versities and  the  Secretary  of  State  belong  ex  officio  to  this 
Congregation.     Among  the  consultors  of  the   Consistorial 


THE  ROMAN  CONGREGATIONS  43 

Congregation  are  numbered  the  Assessor  of  the  Holy  Office, 
the  Secretary  of  the  Congregation  for  Extraordinary  Affairs 
of  the  Church,  and  the  Secretary  of  the  Congregation  of 
Seminaries  and  Universities. 

This  Congregation  prepares  the  matters  to  be  treated 
in  the  consistory,  it  appoints  bishops,  coadjutor  and  auxiliary 
bishops,  erects  and  divides  dioceses,  in  districts  not  subject 
to  the  Propaganda,  and  receives  and  examines  the  reports 
of  the  bishops  on  the  state  and  condition  of  their  respective 
dioceses.  (Canon  248.) 

169.  The  Congregation  of  the  Sacraments  has  charge 
of  the  disciplinary  regulations  concerning  the  seven  Sacra- 
ments, with  the  exception  of  what  is  reserved  to  the  Holy 
Office  in  Canon  247  and  to  the  Congregation  of  Rites.    Dis- 
pensations from  marriage  impediments  and  dispensations  in 
other  Sacraments  are  under  the  jurisdiction  of  this  Congre- 
gation, except  what  is  given  expressly  to  other  Congrega- 
tions.    The   question   of   the   matrimonium  inconsummatum, 
examination  of  reasons  for  granting  the  dispensation  and 
whatever  is  connected  with  it  belongs  to  this  Congregation. 
Also  questions  concerning  the  validity  of  marriage,  of  sacred 
orders  and  of  other  Sacraments,  can  be  brought  before  this 
Congregation  which  according  to  its  own  judgment  may  turn 
the  cases  over  to  the  tribunal  of  the  Roman  Rota.     (Canon 
249.) 

170.  The  Congregation  of  the  Council  has  charge  of 
the  entire  discipline  of  the  secular  clergy  and  the  Christian 
people.    The  observance  of  the  precepts  of  the  Church,  con- 
duct of  the  pastors  and  of  canons  of  cathedral  and  collegiate 
chapters,  pious  sodalities  and  unions,  even  those  in  charge 
of  religious,  pious  legacies,  institutions  of  charity,  Mass  sti- 
pends, benefices  and  offices,  church  property,  diocesan  taxes, 
taxes  of  the  episcopal  curias,  are  subject  to  this  Congre- 
gation. 

The  celebration  and  approval  of  Provincial  and  National 
Councils  and  meetings  of  bishops  outside  of  places  subject 
to  the  Propaganda.  (Canon  250.) 

171.  The  Congregation  of  the  Religious  has  exclusive 
jurisdiction  over  the  Religious  Orders  and  congregations,  and 
wer  communities  which,  even  if  they  have  no  vows,  lead  a 


44  THE  NEW  CANON  LAW 

community  life  after  the  manner  of  the  religious.  The  gov- 
ernment, discipline,  studies,  goods  and  property,  privileges, 
dispensations  from  the  common  law  of  the  Church  for  the 
religious,  with  the  exception  of  the  eucharistic  fast  for  the 
celebration  of  Holy  Mass,  are  subject  to  this  Congregation. 
In  districts  subject  to  the  Propaganda  certain  of  these  rights 
are  given  to  that  Congregation  as  is  stated  in  the  following 
Canon.  (Canon  251.) 

172.  The    Congregation   of   the    Propagation    of   the 
Faith  has  charge  of  the  Catholic  missions  for  the  spread  of 
the  faith,  and  whatever  is  connected  with  and  necessary  for 
the  management  of  the  missons.     Councils  held  in  mission- 
ary countries  are  subject  to  the  Propaganda.    Its  jurisdiction 
is  limited  to  those  districts  where  either  the  hierarchy  is 
not  yet  established,  or,  if  established,  is  still  in  its  initial 
stage.     Societies  and  seminaries  founded  exclusively  for  the 
training  of  missionaries   are   under  the  jurisdiction   of  the 
Propaganda. 

The  Propaganda  is  held  to  refer  to  the  competent  Con- 
gregations the  cases  concerning  faith,  marriage  or  general 
rules  of  the  sacred  liturgy  and  interpretation  of  liturgical 
laws. 

As  regards  the  religious,  the  Propaganda  has  jurisdic- 
tion over  them  in  as  far  as  they  are  missionaries,  individually 
and  collectively;  in  their  character  as  religious  they  are 
under  the  jurisdiction  of  the  Congregation  of  the  Religious. 
(Canon  252.) 

173.  The  Congregation  of  Sacred  Rites  has  authority 
to  watch  over  and  regulate  the  sacred  rites  and  ceremonies 
of  the  Latin  Rite.     Whatever  belongs  only  remotely  to  the 
sacred  rites,  as,  for  instance,  the  rights  of  precedence,  and 
rights  of  that  kind,  is  not  subject  to  the  Congregation  of 
Sacred  Rites.     The  Congregation  grants  exemptions  from 
the  liturgical  laws,  insignia  to  be  worn  at  the  sacred  func- 
tions, and  other  privileges  of  honor. 

The  causes  of  beatification  and  canonization,  and  all 
questions  concerning  sacred  relics,  are  subject  to  the  Con- 
gregation of  Sacred  Rites.  (Canon  253.) 

174.  The  Ceremonial  Congregation  regulates  the  cere- 
monies in  the  pontifical  chapel  and  the  papal  court,  and  the 


THE  ROMAN  CONGREGATIONS  45 

sacred  functions  which  the  Cardinals  perform  outside  the 
papal  chapel.  This  Congregation  decides  the  questions  of 
precedence  among  the  Cardinals,  as  well  as  of  the  legates 
whom  the  various  nations  send  to  the  Holy  See.  (Canon 
254.) 

175.  The  Congregation  for  Extraordinary  Affairs  of 
the   Church   has  jurisdiction   to  constitute,   divide  dioceses 
and  appoint  bishops  in  those  instances  where  the  civil  gov- 
ernments have  to  be  dealt  with.    It  also  has  to  handle  those 
cases  that  the  Supreme  Pontiff  through  the  Secretary  of 
State  may  turn  over  to  this  Congregation,  especially  matters 
that  refer  to  the  civil  laws  and  to  agreements  of  the  Holy 
See  with  the  various  nations.     (Canon  255.) 

176.  The  Congregation  of  Seminary  and  University 
Studies   has   jurisdiction   over   the   government,    discipline, 
temporal  administration  and  studies  in  seminaries,  except 
those  in  charge  of  the  Propaganda.    The  universities  which 
are  under  the  jurisdiction  of  the  Church  are  in  their  govern- 
ment and  in  their  studies  subject  to  this  Congregation,  in- 
cluding those  that  are  directed  by  some  religious  body.     It 
approves  new  universities,   gives  authority  to   confer  aca- 
demical degrees  and  prescribes  the  requisites  for  conferring 
the  degrees,  and  when  there  is  question  of  a  man  distin- 
guished for  exceptional  learning,  it  may  itself  confer  on  him 
degrees. 

The  Cardinal  Secretary  of  the  Consistorial  Congrega- 
tion, among  other  Cardinals,  belongs  to  the  Congregation 
of  Seminaries  and  Universities  and  the  Assessor  of  the  Con- 
sistorial Congregation  belongs  to  its  consultors.  (Canon 
256.) 

177.  The  Congregation  for  the  Oriental  Church  has 
for  its  Prefect  the  Roman  Pontiff.    To  this  Congregation  are 
reserved  all  affairs  of  any  kind  referring  to  persons,  disci- 
pline and  Rites  of  the  Oriental  Churches,  even  those  of  a 
mixed  nature,  that  is  to  say,  such  as  affect  partly  a  Catholic 
of  the   Oriental  and  partly  a  Catholic  of  the   Latin   Rite, 
e.  g.  in  marriages  between  Catholics  of  the  Latin  and  the 
Oriental  Rite,  or  an  Oriental  Priest  celebrating  Holy  Mass 
in  a  church  of  the  Latin  Rite,  and  vice  versa. 

The  Congregation  for  the  Oriental  Church  has  for  the 


46  THE  NEW  CANON  LAW 

Churches  of  the  Oriental  Rite  all  the  powers  of  the  other 
Congregations  combined,  saving  the  jurisdiction  of  the  Holy 
Office,  as  stated  in  Canon  247.  (Canon  257.) 

Article  II.    Tribunals  of  the  Roman  Curia. 

178.  The   Sacred   Penitentiary  is   presided  over  by  a 
Cardinal   called  the  Major  Poenitentiarius.     The  jurisdiction 
of  this  tribunal  is  limited  to  affairs  concerning  the  internal 
forum,  both   sacramental   and  non-sacramental.     It  grants 
favors  for  the  internal  forum  exclusively    as  for  instance, 
absolutions,    dispensations,    commutations,   sanations,    con- 
donations.    The   Sacred  Penitentiary  does,  moreover,   dis- 
cuss and  decide  questions  of  conscience. 

The  use  and  concession  of  Indulgences  is  also  subject 
to  the  Sacred  Penitentiary,  saving  the  right  of  the  Holy 
Office  to  decide  dogmatic  questions  on  Indulgences  and  in- 
dulgenced  prayers  and  devotions.  (Canon  258.) 

179.  The  tribunals  of  The  Roman  Rota  and  The  Sig- 
natura  Apostolica  decide  cases  that  must  be  settled  by  can- 
onical trial,   within   the   limits   and   according  to  the   rules 
laid  down  in  Canons  1598-1605.     (Canon  259.) 

Article  III.     Offices  of  the  Roman  Curia. 

180.  The  Apostolic  Chancery,  in  charge  of  the  Cardi- 
nal Chancellor  of  the  Holy  Roman  Church,  has  the  duty  of 
drawing  up  and  mailing  the  Apostolic  Letters  or  Bulls  for 
the  appointment  to  benefices  and  offices  made  in  consistory, 
for  the  erection  of  new  provinces,  dioceses,  and  chapters, 
and  for  other,  more  important,  affairs  of  the  Church. 

Such  letters  and  bulls  must  not  be  written  except  by 
orders  of  the  Consistorial  Congregation  in  those  matters 
over  which  it  has  authority,  or  by  order  of  the  Supreme 
Pontiff  in  other  affairs,  and  the  instructions  given  in  each 
individual  case  must  be  observed.  (Canon  260.) 

181.  The  Apostolic  Dataria,  in  charge  of  the  Cardinal 
Datarius  of  the  Holy  Roman  Church,  has  the  office  of  in- 
vestigating the  qualifications  of  candidates  to  be  promoted 
to  non-consistorial  benefices  reserved  to  the  Holy  See;  to 
draw  up  and  send  out  the  Apostolic  letters  of  appointment 
to  these  benefices;  to  exempt  in  conferring  the  benefices 


LEGATES  OF  THE  ROMAN  PONTIFF  47 

from  conditions  required,  when  the  conferring  does  not  be- 
long to  the  Ordinary;  to  take  care  of  the  pensions  and  ob- 
ligations which  the  Supreme  Pontiff  may  impose  in  the 
appointment  to  the  aforesaid  benefices.  (Canon  261.) 

182.  The  Camera  Apostolica,  in  charge  of  the  Cardi- 
nal Camerarius  of  the  Holy  Roman  Church,  has  the  care 
and  administration  of  the  temporal  goods  and  rights  of  the 
Holy  See,  especially  for  the  time  of  vacancy,  in  which  case 
the  laws  of  the  Constitution  of  Pope  Pius  X.,  Vacante  Sede 
Apostolica,    of    December    25,     1904,    must    be    observed. 
(Canon  262.) 

183.  The  Secretariate  of  State,  in  charge  of  the  Car- 
dinal Secretary  of  State,  consists  of  three  divisions : 

1.  The  first  division,  presided  over  by  the  Secretary  of 
the  Congregation  for  Extraordinary  Affairs,  attends  to  those 
matters  which  must  be  subjected  for  examination  to  that 
Congregation  according  to  Canon  255. 

2.  The   second   division,    under   the   direction   of   the 
Substitutus,  attends  to  daily  business. 

3.  The   third   division   is   under   the   direction   of   the 
Chancellor  of  Apostolic  Breves  and  attends  to  the  drawing 
up  and  mailing  of  Breves.     (Canon  263.) 

184.  The   Secretariate   of   Breves   to    Princes    and   of 
Latin  Letters  has  the  office  of  writing  in  Latin  the  acts  of 
the  Supreme  Pontiff  which  he  may  commit  to  it.     (Canon 
264.) 

CHAPTER   V. 

Legates  of  the  Roman  Pontiff. 

185.  The  Roman  Pontiff  has  the  right,  independently 
of  any  civil  power,  to  send  legates  to  any  part  of  the  world, 
either   with   or  without   ecclesiastical  jurisdiction.    (Canon 
265.) 

186.  The  Papal  Legate  is  called  Legate  a  latere  when 
the  Supreme  Pontiff  sends  out  a  Cardinal  with  this  title  to 
impersonate  him  like  another  "ego"  and  he  has  such  facul- 
ties as  the  Pope  may  give  him.     (Canon  266.) 

187.  Legates  who  are  sent  with  the  title  of  Nuntius 
or  Internuntius: 

1.     Maintain   according  to  the   accepted  rules   of  the 


48  THE  NEW  CANON  LAW 

Holy  See  the  relations  between  the  Holy  See  and  the  civil 
government  of  the  country  where  they  act  as  permanent 
legates ; 

2.  In  the  territory  assigned  to  them  they  must  watch 
over  the  condition  of  the  Church  and  make  report  to  the 
Roman  Pontiff; 

3.  Besides  these  two,  ordinary,  powers,  they  usually 
receive  other  faculties  which  are  in  the  nature  of  delegated 
jurisdiction; 

Those  who  are  sent  with  the  title  Delegate  Apostolic 
have  but  one  ordinary  office  or  power,  viz.  that  of  watching 
over  the  Church  and  informing  the  Holy  See.  They  do  not 
stand  in  any  official  relation  to  the  government.  Other 
powers  are  granted  to  them  by  the  Holy  See  in  the  form  of 
delegated  faculties.  (Canon  267.) 

188.  The  office  of  the  legates,  with  all  the  faculties 
committed  to  them,  does  not  expire  at  the  vacancy  of  the 
Holy  See,  unless  the  contrary  should  be  stated  in  the  papal 
letters.    It  ceases,  however,  when  the  object  for  which  they 
were  sent  is  accomplished,  by  revocation  made  known  to 
the  Legate,   and  by  renunciation  accepted  by  the   Roman 
Pontiff.     (Canon  268.) 

189.  The  legates  are  not  to  impede  the  free  exercise 
of  jurisdiction  of  the  local  Ordinaries. 

Though  the  legates  may  perhaps  not  be  consecrated 
bishops,  they  precede  all  Ordinaries  except  Cardinals. 

If  they  are  bishops,  they  can  without  permission  of  the 
Ordinaries  bless  the  people  and  perform  the  liturgical  func- 
tion in  pontificals,  using  also  throne  and  canopy  in  all 
churches,  except  the  cathedral.  (Canon  269.) 

190.  Bishops  who  on  account  of  their  see  have  the  title 
of  Apostolic  Legates,   do  not  thereby  acquire  any  special 
right.     (Canon  270.) 

CHAPTER  VI. 
Patriarchs,  Primates,  Metropolitans. 

Canons  271-280  speak  of  these  dignitaries  of  the  Church. 
The  title  of  Patriarch  and  of  Primate  does  not  denote  su- 
perior jurisdiction  but  merely  the  honor  of  precedence.  The 


PLENARY  AND  PROVINCIAL  COUNCILS          49 

Patriarchs  precede  Primates,  the  Primates  precede  the  Met- 
ropolitans, the  Metropolitans  precede  the  bishops.  In  his 
own  diocese,  however,  the  bishop  precedes  all  archbishops 
and  bishops  except  Cardinals,  Papal  Legates  and  his  own 
Metropolitan.  (Canons  271  and  280.) 

191.  The  Metropolitan,  or  Archbishop,  has  the  fol- 
lowing rights  of  jurisdiction  over  the  dioceses  of  the  ecclesi- 
astical province  whose  archbishop  he  is: 

1.  The  Metropolitan  can  put  into  office  those  who  have 
been  presented  for  a  benefice,  if  the  suffragan  bishop  with- 
out a  just  impediment  neglects  to  do  so  within  the  time  speci- 
fied in  law. 

2.  He  can  grant  hundred  days'  indulgence,  the  same 
as  in  his  own  diocese. 

3.  Appoint  the  vicar  capitular,  according  to  conditions 
of  Canon  432,  §2. 

4.  Watch  over  the  faithful  observance  of  faith  and  dis- 
cipline and  report  to  the   Roman   Pontiff  abuses  in  these 
matters. 

5.  To  make  the  canonical  visitation  of  the  dioceses,  if 
the  suffragans  neglect  this  duty,  provided  the  Holy  See  has 
first  judged  of  the  case. 

6.  To   exercise   the   pontificals    in    all   churches,   even 
those  exempt,  notifying  the  bishop  beforehand  if  the  arch- 
bishop wants  to  celebrate  with  pontificals  in  the  cathedral. 
He  may  bless  the  people  like  the  bishop  in  his  own  diocese 
and  have  the  cross  carried  before  him.     Other  acts  import- 
ing jurisdiction  the  archbishop  may  not  perform  in  the  dio- 
ceses of  the  suffragan  bishops. 

7.  The  archbishop  receives  appeals  from  the  judicial 
sentences  of  the  suffragans,  and  acts  as  the  judge  of  the 
second  instance. 

8.  He  acts  as  judge  of  the  first  instance  in  cases  con- 
cerning the  rights  or  the  temporal  goods  of  the  bishop,  ac- 
cording to  Canon  1572,  §2.     (Canon  274.) 

CHAPTER  VII. 
Plenary  and  Provincial  Councils. 

Canons  281-292  treat  of  Plenary  and  Provincial  Coun- 
cils. Here  are  a  few  of  the  more  important  Canons : 


50  THE  NEW  CANON  LAW 

192.  The  Ordinaries  of  several  ecclesiastical  provinces 
may  meet  in  Plenary  Council  but  they  must  first  ask  the 
permission  of  the  Holy  See,  which  will  appoint  a  legate  to 
convoke  and  preside  over  the  Council.     (Canon  281.) 

193.  At  the  Plenary  Council  must  be  present  the  fol- 
lowing persons  who  have  a  decisive  vote :  besides  the  Papal 
Legate,  the  archbishops,  the  residential  bishops  who  may 
send  the  coadjutor  or  auxiliary  bishop  to  take  their  place, 
the  apostolic  administrators  of  dioceses,  abbots  or  prelates 
mdlius,  vicars  apostolic,  prefects  apostolic,  vicars  capitular. 

Also  titular  bishops,  staying  in  the  territory  where  the 
Council  is  held,  must,  if  called  by  the  Papal  Legate  accord- 
ing to  his  instructions,  appear  at  the  Council  and  they  have 
a  decisive  vote,  unless  in  the  document  of  convocation  other 
provisions  are  made. 

Other  persons,  of  either  the  secular  or  the  regular  cler- 
gy, if  invited  to  the  Council,  have  only  a  consultive  vote. 
(Canon  282.) 

194.  In     each     ecclesiastical      province     a     Provincial 
Council  shall  be  held  at  least  every  twenty  years.     (Canon 
283.) 

195.  The  archbishop,  or,  if  he  should  be  legitimately 
impeded,  or  if  the  see  should  be  vacant,  the  oldest  (in  pro- 
motion to  the  suffragan  see)  bishop  shall  appoint  the  place 
within  the  province  where  the  Council  is  to  be  held,  after 
he  has  consulted  all  those  who  have  a  right  to  assist  with  a 
decisive  vote.    The  archiepiscopal  church  should  not  be  neg- 
lected, if  there  is  no  just  cause  why  the  Council  should  not 
be   held   there.      The    archbishop,    or   the   oldest   suffragan 
bishop,  convokes  the  Council.     (Canon  284.) 

196.  To  the   Provincial  Council  are  to  be  called  the 
following  who  have  a  decisive  vote:  all  suffragan  bishops, 
the  abbots  and  prelates  nullius  and  suffragan  bishops  who 
are  not  subject  to  any  archbishop,  and  who  have  to  choose 
with  the  approval  of  the  Holy  See  the  province  to  which 
they  wish  to  belong;  finally  all  others  mentioned  in  Canon 
282,  are  to  be  called. 

Titular  bishops  who  are  staying  in  the  province  can  be 
called  by  the  president  with  the  consent  of  the  majority  of 
those  who  have  a  decisive  vote,  and  if  they  are  called,  they 


ADMINISTRATORS  APOSTOLIC  51 

have  a  decisive  vote  unless  the  contrary  is  stated  in  the  con- 
vocation. 

The  cathedral  Chapters,  or  diocesan  consultors  of  those 
bishops  who  take  part  in  the  Council,  should  be  invited  to 
the  Council  and  if  invited,  they  should  send  two  of  the 
Chapter  or  two  consultors  selected  by  common  vote,  who 
shall  have  only  a  consultive  vote  in  the  Council. 

The  major  superiors  of  clerical  exempt  Orders  and  of 
monastic  congregations  who  live  within  the  province  must 
be  invited,  and  if  invited  must  either  appear  or  give  reason 
to  the  Council  why  they  are  prevented  to  come.  These, 
however,  as  also  others  that  might  be  called  to  the  Council, 
have  only  a  consultive  vote.  (Canon  286.) 

197.  The  acts  of  the  Plenary  and  the  Provincial  Coun- 
cil must  be  subjected  to  the  revision  and  approval  of  the 
Sacred  Congregation  of  the  Council  before  they  are  pub- 
lished.    (Canon  291.) 

198.  A  conference  of  the  bishops  of  each  ecclesiastical 
province  is  to  held  at  least  every  five  years,  to  be  called  by 
the  archbishop,  or  in  case  of  vacancy  of  the  archiepiscopal 
see  or  other  impediment  on  the  part  of  the  archbishop,  by 
the  oldest  suffragan.    At  the  meeting  the  place  for  the  next 
meeting  should  be  agreed  upon.     (Canon  292.) 

CHAPTER  VIII. 
Vicars  and  Prefects  Apostolic.   (Canons  293-311.) 

CHAPTER  IX. 

Administrators  Apostolic. 

199.  The  Holy  See  sometimes  appoints  for  a  canon- 
ically  erected  diocese  an  administrator  apostolic,  either  while 
the  bishop  is  still  alive  or  when  the  see  is  vacant.     (Canon 
312.) 

200.  If  the  administrator  apostolic  is  appointed  for  a 
diocese  while  the  bishop  is  still  in  possession  of  the  see,  he 
takes  canonical  possession  of  the  administration  by  showing 
his  letters  of  nomination  to  the  Chapter  as  well  as  to  the 
bishop,  if  the  latter  is  of  sound  mind. 

If  the  see  is  vacant,  or  the  bishop  is  not  of  sound  mind, 


52  THE  NEW  CANON  LAW 

or  not  residing  in  the  diocese,  the  administrator  apostolic 
takes  possession  in  the  same  way  as  the  bishop,  according 
to  Canon  334,  §3.  (Canon  313.) 

201.  The  rights,  duties  and  privileges  of  the  adminis- 
trator apostolic  are  either  according  to  special  instructions 
or  to  the  following  Canons.     (Canon  314.) 

202.  The  administrator  apostolic  who  is  permanently 
appointed  has  the  same  rights,  honors  and  duties  as  the  resi- 
dential bishop. 

If  he  is  appointed  temporarily,  he  has  the  same  rights 
and  duties  as  the  vicar  capitular.  If  the  bishop  is  still  in 
possession,  he  can  nevertheless  visit  the  diocese  according 
to  the  rules  of  Canon  Law,  and  he  is  not  obliged  to  apply 
Holy  Mass  for  the  people  which  obligation  rests  with  the 
bishop.  (Canon  315.) 

203.  If  the  administrator  apostolic  is  appointed  to  rule 
the  diocese  while  the  bishop  retains  his  see,  the  jurisdiction 
of  the  bishop  and  of  his  vicar  general  is  suspended.     (Canon 
316.) 

204.  If  the  administrator  dies  or  is  otherwise  impeded 
from  acting,  the  Holy  See  must  be  notified.     (Canon  317.) 

205.  The   jurisdiction   of   the    administrator   apostolic 
does  not  cease  with  the  death  of  the  Roman  Pontiff  or  the 
bishop,  but  ceases  when   a  bishop   has  legitimately   taken 
possession  of  the  vacant  diocese  according  to  Canon  334,  §3. 
(Canon  318.) 

CHAPTER  X. 

Inferior  Prelates. 

206.  Prelates  who  rule  over  the  clergy  and  people  of  a 
district  that  is  separated  from  every  other  diocese  are  called 
either  abbots  or  prelates  nullius,  i.  e.  of  no  diocese;  abbots 
nullius,  if  their  church  is  abbatial;  prelates  nullius,  if  their 
church  is  a  secular  prelacy. 

The  abbacy  or  prelacy  nullius  that  does  not  consist  of 
at  least  three  parishes  is  ruled  by  special  laws,  and  to  such 
does  not  apply  what  the  Canons  state  concerning  abbacies 
and  prelacies  nullius.  ( Canon  319.) 

207.  Abbots   and  prelates   nullius  have   the   same   or- 
dinary jurisdiction  as  the  bishop.     Even  though  they  be  not 


BISHOPS  53 

consecrated  bishops  they  have  the  right  to  consecrate 
churches  and  immovable  altars,  give  all  blessings  reserved 
to  bishops,  excepting  only  the  pontifical  blessing,  consecrate 
chalices,  patens,  portable  altars,  with  the  holy  oils  blessed 
by  a  bishop,  grant  indulgences  of  fifty  days,  give  Confirma- 
tion, first  tonsure  and  minor  orders.  Confer  Canons  782,  3 
and  957,  2.  (Canon  323.) 

208.  The  abbots  and  prelates  nullius,  though  they  be 
not  consecrated  bishops,  can  make  use  in  their  territory  of 
the  insignia  of  a  bishop  with  throne  and  canopy  and  cele- 
brate there  the  sacred  functions  according  to  the  pontificate. 
The  pectoral  cross,  the  ring  with  the  gem,  and  the  purple 
cap,  they  may  wear  also  outside  their  territory.      (Canon 
325.) 

209.  The  rights  and  privileges  of  the  domestic  prelates 
of  the  Roman  Pontiff,  both  those  who  have  the  title  of  pre- 
lates and  those  who  have  not,  are  regulated  by  the  laws  and 
customs  of  the  papal  palace.     (Canon  328.) 

TITLE  VIII. 

Episcopal  Jurisdiction  and  Participants  of  the  Same. 

CHAPTER  I. 
Bishops. 

210.  The  bishops  are  the  successors  of  the  Apostles  and 
are   placed   by   Divine   law   over   the    individual    churches, 
which  they  govern  with  ordinary  authority  under  the  author- 
ity of  the  Roman  Pontiff.    They  are  freely  appointed  by  the 
Pope.     If  some  college  has  received  the  right  to  elect  the 
bishop,   Canon  321   shall  be   observed,   which   requires  the 
absolute  majority  of  votes  of  all  those  who  have  the  right  to 
vote.     (Canon  329.) 

.211.  Before  a  person  is  elevated  to  the  episcopate, 
proof  must  be  furnished  in  the  manner  prescribed  by  the 
Holy  See  that  the  individual  is  worthy.  (Canon  330.) 

212.  The  requisites  of  a  candidate  for  the  episcopate 
are: 

1.  He  must  be  born  of  legitimate  wedlock.  (Even 
those  legitimatized  by  subsequent  marriage  are  excluded.) 


54  THE  NEW  CANON  LAW 

2.  He  must  be  at  least  thirty  years  of  age. 

3.  He  must  have  been  ordained  priest  for  at  least  five 
years. 

4.  He  must  be  of  good  character,  piety,  zeal  for  souls, 
prudent  and  otherwise  qualified  to  govern  the  diocese  about 
which  there  is  question. 

5.  He  must  be  a  doctor  or  licentiate  in  theology  or 
Canon  Law,  in  an  institution  of  learning  approved  by  the 
Holy  See,  or  must  at  least  be  well  versed  in  these  sciences. 
If  the  candidate  is  a  religious  he  must  have  received  from  the 
major  superiors  a  similar  degree,  or  at  least  have  their  testi- 
mony certifying  to  his  learning. 

Also  those  who  are  elected,  presented  or  designated 
for  a  bishopric  by  persons  who  have  the  privilege  from  the 
Holy  See  to  elect,  or  present  or  designate,  must  have  the 
aforesaid  qualifications. 

The  Holy  See  has  the  exclusive  right  to  pass  judgment 
on  the  qualification  of  any  candidate  for  the  episcopate. 
(Canon  331.) 

213.  Every   candidate   to   the   episcopate,    even   those 
elected,   presented  or  designated  by  the  civil  government, 
needs  the  canonical  provision  or  institution  in  order  to  be 
the  lawful  bishop  of  a  vacant  diocese.     The  only  one  to  in- 
stitute a  bishop  is  the  Roman  Pontiff.     (Canon  332.) 

214.  Unless  prevented  by  legitimate  impediment,  the 
person  promoted  to  the  episcopate,  even   though  he  be  a 
Cardinal,  must  within  three  months  from  the  receipt  of  the 
Apostolic  letters  receive  the  consecration  and  go  to  his  dio- 
cese within  four  months.     (Canon  333.) 

215.  The  residential  bishops  are  the  ordinary  and  im- 
mediate pastors  in  the  dioceses  committed  to  them. 

They  cannot  exercise  their  jurisdiction,  either  by  them- 
selves or  through  others,  unless  they  have  first  taken 
canonical  possession  of  the  diocese.  If  they  were  vicars 
capitular,  officials,  economi  in  the  diocese  before  their  de- 
signation to  the  bishopric  they  can  continue  to  retain  and 
exercise  these  offices. 

They  take  canonical  possession  of  the  diocese  as  soon 
as  they  exhibit,  in  person  or  by  a  procurator,  the  Apostolic 
letters  to  the  cathedral  Chapter,  the  secretary  of  the  Chapter 


BISHOPS  55 

or  the  chancellor  of  the  Curia  being  present  to  make  official 
entry  of  the  fact  in  the  acts  of  the  diocese.  In  countries 
where  there  are  no  cathedral  Chapters  the  diocesan  con- 
suitors  take  the  place  of  the  Chapter.  (Canon  334.) 

216.  The  bishop  has  the  right  and  the  duty  to  govern 
the  diocese  in  spiritual  affairs  as  well  as  in  temporal,  and 
has  to  this  end  legislative,  judicial  and  coercive  power  which 
must   be    exercised   according   to   the    laws   of    the    sacred 
Canons. 

The  laws  of  the  bishop  begin  to  bind  immediately  when 
promulgated  unless  he  provides  otherwise  in  the  same  laws. 
The  manner  of  promulgation  is  determined  by  the  bishop 
himself.  (Canon  335.) 

217.  The  bishop  must  urge  the  observance  of  the  laws 
of  the  Church  and  he  cannot  dispense  with  the  common  law 
except  in  as  far  as  Canon  81  allows.     (Canon  336.) 

218.  The  bishop  can  everywhere  in  his  diocese  exer- 
cise the  pontifical  functions,  even  in  exempt  places.    Outside 
the  diocese  he  cannot  exercise  pontifical  functions  except 
with  at  least  the  reasonably  presumed  consent  of  the  Or- 
dinary of  the  place,  and,  if  there  is  question  of  an  exempt 
church,  the  consent  of  the  religious  superior. 

To  exercise  the  pontificals  means  to  perform  those  func- 
tions in  which  according  to  the  laws  of  liturgy  the  use  of 
the  pontifical  insignia  of  the  crozier  and  the  mitre  is  de- 
manded. 

When  the  bishop  grants  to  another  the  permission  to 
exercise  the  pontificals  in  his  diocese,  he  may  also  allow 
the  use  of  the  throne  and  the  canopy.  (Canon  337.) 

219.  The  bishop  is  obliged  to  reside  personally  in  the 
diocese,  although  he  has  a  coadjutor  bishop. 

The  bishop  may  not  be  absent  from  his  diocese  more 
than  two  or  at  most  three  months,  either  continuous  or  in- 
terrupted, in  a  year.  This  is  the  time  allowed  for  vacation; 
regarding  the  visit  ad  limina,  absence  to  attend  the  Provin- 
cial or  Plenary  Council,  or  on  account  of  a  civil  office  legiti- 
mately connected  with  his  church,  such  absence  is  not 
counted.  In  order,  however,  that  the  bishop  may  not  be 
absent  from  his  diocese  for  too  long  a  period  at  one  time, 
this  Canon  forbids  to  combine  the  months  of  vacation  with, 


56  THE  NEW  CANON  LAW 

and  add  them  to,  the  time  required  for  the  visit  ad  limina, 
etc.,  and  for  a  newly  appointed  bishop  to  add  the  vacation 
to  the  months  allowed  until  he  must  take  up  his  residence 
in  the  diocese. 

The  bishop  should  not  be  absent  from  the  cathedral 
church  in  Advent,  Lent,  on  Christmas,  Easter,  Pentecost, 
Corpus  Christi,  except  for  grave  and  urgent  reasons.  (Can- 
on 338.) 

220.  The  bishop  must  apply  Holy  Mass  for  the  people 
of  his  diocese  on  all  Sundays  and  holidays  of  obligation,  also 
those  suppressed. 

On  Christmas,  or  on  Sundays  on  which  a  holiday  of 
obligation  falls,  it  is  sufficient  to  apply  one  Holy  Mass  for 
the  people. 

If  a  holiday  of  obligation  is  transferred  in  such  a  way 
that  on  the  day  to  which  it  is  transferred  not  only  the  Mass 
and  office  but  also  the  obligation  of  hearing  Holy  Mass  and 
the  duty  to  abstain  from  servile  work  is  transferred,  Holy 
Mass  is  to  be  applied  for  the  people  on  the  transferred  day, 
otherwise  on  the  day  of  the  feast. 

The  bishop  must  on  these  days  apply  Holy  Mass  him- 
self; if  he  is  legitimately  prevented  from  saying  Holy  Mass, 
he  may  have  it  applied  by  another.  If  he  cannot  do  that, 
he  must  as  soon  as  possible  apply  Holy  Mass  either  himself 
or  through  another. 

If  a  bishop  has  two  dioceses  that  are  united  aeque  prin- 
cipaliter,  or  in  addition  to  his  own  diocese  is  administrator 
of  another,  he  satisfies  his  obligation  by  applying  one  Holy 
Mass  for  all  the  people  in  his  charge. 

If  the  bishop  should  not  have  satisfied  the  obligation 
spoken  of  in  this  Canon,  he  shall  as  soon  as  possible  supply 
the  number  of  Masses  omitted.  (Canon  339.) 

221.  Every  bishop  is  held  to  make  report  of  the  state 
of  his  diocese  every  five  years  according  to  the  formulas 
issued  by  the  Holy  See. 

The  five  years'  term  is  fixed  and  runs  from  January  1, 
1911.  In  the  first  year  of  the  quinquennium  report  must  be 
made  by  the  bishops  of  Italy,  the  islands  of  Corsica,  Sardi- 
nia, Sicily,  Melita,  and  the  other  small  islands  off  the  coast ; 
in  the  second  year  the  bishops  of  Spain,  Portugal,  France, 


BISHOPS  57 

Belgium,  Holland,  England,  Scotland,  Ireland  with  the  ad- 
jacent isles;  in  the  third  year  the  other  bishops  of  Europe 
with  the  adjacent  isles ;  in  the  fourth  year  the  bishops  of  all 
America  and  the  adjacent  isles;  in  the  fifth  year  the  bishops 
of  Africa,  Asia,  Australia  and  the  islands  in  these  parts  of 
the  world. 

If  the  year  assigned  for  the  report  should  fall  entirely 
or  in  part  within  the  first  two  years  of  the  bishop's  reign  of 
the  diocese,  the  bishop  may  for  that  term  abstain  from  send- 
ing a  report  to  the  Holy  See.  (Canon  340.) 

222.  The  bishops  who  are  to  make  the  report  are  to 
go  to  Rome  that  same  year  to  venerate  the  tomb  of  the 
Holy  Apostles  SS.  Peter  and  Paul,  and  to  appear  before 
the  Roman  Pontiff. 

The  bishops,  however,  who  are  outside  of  Europe  have 
permission  to  make  the  visit  ad .  limina  every  ten  years. 
(Canon  341.) 

223.  The  bishop  must  make  the  visit  ad  limina  in  per- 
son or  through  his  coadjutor  if  he  has  any,  or  for  just  rea- 
sons, to  be  approved  of  by  the  Holy  See,  through  a  qualified 
priest  who  resides  in  the  diocese  of  the  bishop.    (Canon  342.) 

224.  The  bishop  must  visit  the  entire  diocese  at  least 
once  in  five  years  either  in  person,  or,  if  legitimately  ex- 
cused, through  his  vicar  general,  or  another  priest. 

The  bishop  has  the  right  to  take  two  of  the  clergy,  even 
those  of  the  cathedral  Chapter,  or  any  other  he  may  choose, 
as  companions  on  his  visitation.  No  contrary  custom  or 
privilege  restricting  this  right  of  the  bishop  is  recognized 
in  law. 

If  the  bishop  neglects  to  hold  the  visitation  the  arch- 
bishop has  the  right  to  interfere,  according  to  Canon  274, 
nn.  4,  5.  (Canon  343.) 

225.  To  the  visitation  of  the  bishop  are  subject  the 
persons,  goods  and  pious  institutions,  even  though  exempt, 
within  the  limits  of  his  diocese,  unless  special  exemption  is 
proved  to  have  been  granted  them  by  the  Holy  See. 

The  bishop  can  visit  the  exempt  religious  only  in  the 
cases  stated  in  law.  (Canon  344.) 

226.  The  visitor  should  proceed  in  a  paternal  manner 
concerning  the  object  and  purpose  of  the  visitation.     From 


58  THE  NEW  CANON  LAW 

the  precepts  and  decrees  given  in  the  visitation  there  is  al- 
lowed only  an  appeal  in  devolutivo.  In  other  cases,  i.  e.  mat- 
ters outside  the  scope  of  the  visitation,  the  bishop,  even  at 
the  time  of  visitation,  must  proceed  according  to  the  rules 
of  law.  The  appeal  in  devolutivo  means  that  the  orders  must 
be  obeyed  in  the  meantime  even  though  a  complaint  regard- 
ing their  fairness  or  justice  is  sent  to  the  higher  authorities. 
'(Canon  345.) 

227.  The  visitation  should  not  be  unduly  prolonged,  no 
unnecessary  expense  should  be  put  on  the  places  visited,  and 
no  donation  should  be  allowed  to  be  given  either  to  the 
bishop  or  to  any  of  the  men  accompanying  the  bishop.     All 
contrary  customs  are  disapproved.     Concerning  the  living 
and  traveling  expenses  for  the  bishop  and  his  companions 
the  legitimate  custom  of  the  various  dioceses  should  be  ad- 
hered to.     (Canon  346.) 

228.  In  his  own  diocese  the  bishop  precedes  all  arch- 
bishops and  bishops  except  his  own  archbishop,   Cardinals 
and  Papal  Legates;  while  outside  his  own  diocese  the  rules 
of  Canon  106  are  to  be  observed.     (Canon  347.) 

229.  Titular  bishops  cannot  exercise  any  act  of  juris- 
diction in  the  diocese  of  their  title,  neither  do  they  take 
possession  of  that  diocese. 

Charity  should  urge  them  to  apply  sometimes  Holy 
Mass  for  the  titular  diocese  but  there  is  no  obligation  to  do 
so.  (Canon  348.) 

230.  The  following  privileges  are  granted  to  bishops, 
both    residential   and   titular,    from   the   time   they   receive 
authentic  notification  of  the  canonical  promotion: 

1.  Besides  other  privileges  mentioned  in  the  various 
titles  of  the  Code,  they  enjoy  the  privileges  in  Canon  239,  §1, 
nn.  7-12;  viz.  to  celebrate  with  the  portable  altar  not  only 
in  their  own  residence,  but  wherever  they  travel,  and  to 
permit  another  Mass  to  be  celebrated  at  which  they  assist; 
to  celebrate  on  the  ocean,  observing  due  precautions;  to 
celebrate  in  all  churches  and  oratories  Holy  Mass  according 
to  their  own  calendar;  to  have  the  benefit  of  the  personal 
privileged  altar;  to  gain  in  their  own  private  chapel  those 
indulgences  for  which  the  visit  to  a  church  or  public  place 
of  worship  is  prescribed  in  the  town  or  city  where  they  ac- 


COADJUTORS  AND  AUXILIARY  BISHOPS 

tually  stay,  which  privilege  is  shared  by  their  servants;  to 
bless  the  people  after  the  manner  of  the  bishops,  but  in  the 
City  of  Rome  in  churches  only  and  pious  institutions  and  at 
gatherings  of  the  faithful;  n.  2  of  the  same  Canon,  viz.  to 
elect  a  confessor  for  themselves  and  their  servants  who,  if 
he  should  not  have  any  jurisdiction,  receives  it  by  the  very 
fact  of  being  chosen,  and  has  power  to  absolve  from  the  re- 
servations of  the  local  Ordinary  and  from  all  papal  reserved 
sins  and  censures  with  the  exception  of  those  spccialissimo 
modo  reserved  and  those  that  are  incurred  by  the  revelation 
of  a  secret  of  the  Holy  Office;  n.  3  of  Canon  239,  viz.  to 
preach  the  Word  of  God  everywhere  with  at  least  the  pre- 
sumed consent  of  the  local  Ordinary;  n.  4,  viz.  to  celebrate, 
or  to  permit  another  to  celebrate  in  their  presence,  one  Holy 
Mass  on  Holy  Thursday,  and  three  Holy  Masses  at  mid- 
night on  Christmas,  provided  they  are  not  obliged  to  cele- 
brate in  their  cathedral;  nn.  5,  6,  viz.  to  bless  everywhere 
with  the  prescribed  rites  of  the  Church  beads,  rosaries  and 
other  crowns  of  prayer,  crosses,  medals,  statues,  scapulars 
approved  by  the  Holy  See  with  all  the  indulgences  attached 
to  these  objects  by  the  Holy  See ;  to  bless  in  churches,  ora- 
tories, even  in  private  ones,  and  other  pious  places  the  Sta- 
tions of  the  Way  of  the  Cross;  to  bless  crucifixes  with  the 
indulgences  of  the  Way  of  the  Cross  for  those  who  through 
sickness  or  other  legitimate  cause  cannot  make  the  Stations 
in  places  where  they  are  erected. 

They  have  the  right  to  wear  the  episcopal  insignia  ac- 
cording to  the  liturgical  laws. 

2.  Residential  bishops  from  the  moment  that  they 
have  taken  possession  of  their  diocese  have  the  right,  (1)  to 
receive  the  income  of  the  mensa  episcopalis;  (2)  to  grant 
fifty  days'  indulgence  in  places  of  their  jurisdiction;  (3)  to 
erect  in  all  churches  of  their  diocese  the  throne  with  the 
canopy.  (Canon  349.) 

CHAPTER  II. 
Coadjutors  and  Auxiliary  Bishops. 

231.  The  Roman  Pontiff  only  can  give  to  a  bishop  a 
coadjutor. 


60  THE  NEW  CANON  LAW 

The  coadjutor  as  a  rule  is  given  to  the  person  of  a  bishop 
with  the  right  of  succession,  sometimes  also  to  the  see. 

The  coadjutor  given  the  person  of  the  bishop  without 
the  right  of  succession  is  called  by  the  special  name  of 
auxiliary.  (Canon  350.) 

232.  The  rights  of  the  coadjutor  given  to  the  person  of 
a  bishop  are  to  be  learned  from  the  Apostolic  letters  of  ap- 
pointment. 

Unless  otherwise  stated  in  these  letters,  the  coad- 
jutor given  a  bishop  who  is  quite  incapacitated,  has  all  the 
rights  and  duties  of  the  bishop;  in  other  cases  he  can  exer- 
cise only  such  duties  as  the  bishop  may  commit  to  him. 

What  the  coadjutor  can  do  and  is  willing  to  do,  the 
bishop  should  not  habitually  delegate  to  another. 

The  coadjutor  has  the  duty  to  perform  the  pontifical 
and  other  functions  which  the  bishop  would  have  to  per- 
form himself  as  often  as  he  is  requested  by  his  bishop  and 
is  able  to  attend  to  them.  (Canon  351.) 

233.  The  coadjutor  who  is  given  to  the  see  can  in  the 
territory  of  the  diocese  exercise  the  functions  of  the  episco- 
pate, except  the  sacred  ordination.     In  other  affairs  he  can 
do  only  as  much  as  has  been  committed  to  him  either  by  the 
Holy  See  or  by  the  bishop.     (Canon  352.) 

234.  In  order  that  the  coadjutor  may  take  canonical 
possession  of  his  office  it  is  necessary  that  he  show  his  Apos- 
tolic letters  of  appointment  to  the  bishop. 

The  coadjutor  with  the  right  of  succession  and  the  coad- 
jutor given  to  the  see  must,  moreover,  show  the  letters  of 
appointment  also  to  the  Chapter  (in  countries  where  there 
are  no  Chapters,  to  the  diocesan  consultors)  according  to 
Canon  334,  §3. 

If  the  bishop's  condition  should  have  gone  to  such  a 
stage  that  he  is  not  capable  of  eliciting  a  human  act,  coadju- 
tors of  any  kind  need  not  show  the  letters  to  him  but  only 
to  the  Chapter.  (Canon  353.) 

235.  Every  coadjutor  is  bound,  like  the  bishop  him- 
self, to  reside  in  the  diocese  from  which,  outside  of  the  period 
of  vacation,  as  provided  by  Canon  338,  he  is  not  allowed  to 
be  absent  except  for  a  short  time  and  with  the  permission 
of  his  bishop.     (Canon  354.) 


THE  DIOCESAN  SYNOD  61 

236.  The  coadjutor  with  the  right  of  succession  be- 
comes immediately  at  the  vacancy  of  the  bishopric  the  Or- 
dinary of  the  diocese  for  which  he  was  appointed,  provided 
he   took   legitimate   possession   of   his    office    according   to 
Canon  353. 

The  office  of  the  auxiliary  expires  with  the  office  of  the 
bishop,  unless  it  is  stated  otherwise  in  the  Apostolic  letters 
of  appointment. 

If  the  coadjutor  was  given  to  the  see,  his  office  con- 
tinues also  when  the  see  becomes  vacant.  (Canon  355.) 

CHAPTER  III. 
The  Diocesan  Synod. 

237.  The  Diocesan  Synod,  to  be  held  every  ten  years 
at  least,  is  to  treat  such  questions  only  as  touch  the  partic- 
ular needs  of  the  clergy  and  people  of  that  diocese.     (Canon 
356.) 

238.  The  Diocesan  Synod  is  convoked  and  presided 
over  by  the  bishop,  not  by  the  vicar  general  except  by  spe- 
cial mandate,  nor  by  the  vicar  capitular.     It  is  to  be  held 
in  the  cathedral,  unless  there  is  good  reason  to  have  it  else- 
where.    (Canon  357.) 

239.  To  the  Synod  must  be  called,  with  the  duty  to 
answer  the  call:  (1)  the  vicar  general;  (2)  the  canons  of 
the  cathedral  or  the  consultors;  (3)  the  rector  of  the  dio- 
cesan seminary,  at  least  of  the  major  seminary;   (4)   the 
deans;  (5)  one  deputee  of  each  collegiate  church  to  be  chosen 
from  among  the  members  by  the  collegiate  Chapter;  (6)  the 
pastors  of  the  city  where  the  Synod  is  being  held;  (7)  one 
pastor  at  least  from  each  deanery  to  be  elected  by  all  the 
priests  of  the  district  who  have  the  care  of  souls  (pastors 
and  assistants),  and  the  pastors  must  provide  priests  to  take 
their  places  in  their  parishes  during  their  absence;  (8)  the 
abbots  who  are  actual  superiors,  and  one  of  the  superiors  of 
each  clerical  order  of  those  who  live  in  the  diocese,  to  be 
designated  by  the  provincial.    If  the  residence  of  the  provin- 
cial is  in  the  diocese  he  may  go  to  the  Synod  himself  instead 
of  sending  one  of  the  superiors. 

If  the  bishop  wishes  he  may  call  to  the  Synod  also 


62  THE  NEW  CANON  LAW 

others,  namely  all  the  canons,  pastors,  religious  superiors, 
even  any  of  the  secular  priests  of  the  diocese,  provided 
enough  priests  are  left  to  attend  to  the  care  of  souls.  Those 
invited  have  the  right  to  vote  just  as  the  others,  unless  the 
bishop  in  the  invitation  states  otherwise.  (Canon  358.) 

240.  Those  who  must  come  to  the  Synod  and  are  im- 
peded by  some  legitimate  impediment  cannot  send  a  pro- 
curator in  their  place,  but  they  must  notify  the  bishop  why 
they  cannot  come.    Those  who  neglect  to  come  to  the  Synod 
may  be  compelled  by  the  bishop  with  just  penalties,  except 
exempt  religious  who  are  not  pastors.     (Canon  359.) 

241.  The  bishop  may  before  the  Synod  appoint  commit- 
tees who  are  to  prepare  the  subjects  for  discussion  in  the 
Synod.    Before  the  sessions  open  a  schedule  of  the  subjects 
to  be  discussed  is  to  be  given  to  all  who  answered  the  call  to 
the  Synod.     (Canon  360.) 

242.  The  proposed  questions  are  to  be  submitted  by 
the  bishop,  or  the  one  presiding  in  his  place,  to  the  free  dis- 
cussion of  the  members  of  the  Synod  in  the  preliminary  ses- 
sions.    (Canon  361.) 

243.  The  bishop  is  the  only  legislator  in  the  Synod, 
the  others  having  only  a  consultive  vote.     He  alone  signs 
the  laws  passed  in  the  Synod,  which,  if  they  are  promulgated 
in  the  Synod,  begin  to  go  into  force  immediately,  unless  the 
bishop  decrees  otherwise.     (Canon  362.) 

CHAPTER  IV. 
The  Diocesan  Curia. 

244.  The  Diocesan  Curia  consist  of  those  persons  who 
assist  the  bishop,  or  the  one  who  in  place  of  the  bishop 
rules  the  diocese,  in  the  government  of  the  diocese.    To  the 
Curia  belong  the  vicar  general,  the  official   (cf.  Can.   1573 
as  to  his  office  and  appointment),  the  chancellor,  the  pro- 
motor  of  justice,  the  defensor  trinculi,  the  synodal  judges  and 
examiners,  the  parochial  consultors,  the  auditors,  notaries, 
cursors  and  the  apparitors.     (Canon  363.) 

245.  The  nomination   of  those  who   are  to  hold  the 
aforesaid  offices  and  appointments  should  be  done  in  writ- 
ing, as  Canon  159  demands. 


63 

Those  nominated  must  (1)  take  an  oath  before  the 
bishop  that  they  will  faithfully  attend  to  their  office  without 
respect  of  persons;  (2)  transact  their  respective  duties  under 
the  authority  of  the  bishop -according  to  the  rules  of  law; 
(3)  keep  the  secret  within  the  bounds  and  according  to  the 
requirements  of  law  or  the  command  of  the  bishop.  (Canon 
364.) 

246.  Concerning  the  official,  the  promotor  of  justice, 
•    the  defender  of  the  marriage  bond,  the  synodal  judges,  the 

auditors,  cursors  and  apparitors,  the  laws  of  Canons  1573- 
1593  shall  be  observed;  the  other  officials  are  to  be  guided 
by  the  following  Canons.  (Canon  365.) 

Article  I.    The  Vicar  General. 

247.  Whenever  the  proper  government  of  the  diocese 
demands  it  a  vicar  general  is  to  be  instituted  by  the  bishop 
to  assist  him,  with  ordinary  jurisdiction  in  the  entire  diocese. 

The  bishop  does  not  need  the  consent  of  any  one  in  the 
appointment  olf  his  vicar  and  he  can  remove  him  at  will. 

As  a  rule,  there  should  be  but  one  vicar  general,  un- 
less either  the  diversities  of  Rites  or  the  size  of  the  diocese 
demand  otherwise.  If  the  vicar  is  absent  or  impeded  to  act, 
the  bishop  may  appoint  some  one  else  to  take  his  place. 
(Canon  366.) 

248.  The  vicar  general  should  be  a  priest  of  the  secular 
clergy,  at  least  thirty  years  of  age,  a  doctor  or  licentiate  in 
theology  and  Canon  Law,  or  at  least  perfectly  conversant 
with  these  subjects,  and  commendable  for  sound  doctrine, 
probity  of  life,  prudence  and  experience. 

If  the  diocese  has  been  committed  to  a  Religious  Order 
the  vicar  general  may  be  an  alumnus  of  the  same  Order. 

The  office  of  vicar  general  must  not  be  given  to  the 
Canon  Penitentiary,  or  to  a  blood  relation  of  the  bishop  in 
the  first  or  in  the  second  degree  mixed  with  the  first,  or, 
excepting  the  case  of  necessity,  to  a  pastor  and  others  hav- 
ing the  care  of  souls.  The  bishop  is  not  forbidden  to  take 
the  vicar  from  his  own  diocese  even  though  he  would  have 
to  take  one  of  those  whom  this  Canon  does  not  desire  to  be 
appointed  to  that  office.  (Canon  367.) 

249.  The  vicar  general  has  by  virtue  of  his  office  in 


64  THE  NEW  CANON  LAW 

the  entire  diocese  jurisdiction  in  spiritual  and  temporal  mat- 
ters to  the  extent  of  the  bishop's  ordinary  jurisdiction,  ex- 
cepting only  those  affairs  which  the  bishop  has  reserved 
to  himself,  or  which  by  law  demand  a  special  mandate  of  the 
bishop. 

Unless  the  law  state  otherwise,  the  vicar  general  can 
execute  the  rescripts  of  the  Holy  See  which  are  sent  to  the 
bishop  or  his1  predecessor  in  the  diocese,  and  in  general  he 
has  the  faculties  which  are  habitually  given  to  the  Ordinary 
by  the  Holy  See,  as  Canon  66  states.  Habitual  faculties  are 
called  all  those  that  do  not  refer  to  one  individual  case,  for 
Canon  66  calls  habitual  faculties  not  only  those  given  in  per- 
petuum,  but  also  those  for  a  definite  period  of  time  or  a 
certain  number  of  cases.  The  same  Canon  also  states  that, 
unless  there  is  an  exception  made,  all  these  faculties  of  the 
bishop  are  considered  given  also  to  the  vicar  general.  (Can- 
on 368.) 

250.  The  vicar  general  should  refer  to  the  bishop  the 
principal  acts  of  the  Curia,  inform  him  of  what  has  been,  or 
is  to  be  done,  to  safeguard  discipline  among  the  clergy  and 
people.    He  should  take  care  not  to  use  his  powers  contrary 
to  the  good  pleasure  of  the  bishop.     Canon  44,  §2  decrees 
that  a  favor  asked  of  and  refused  by  the  vicar  general  cannot 
be  asked  of  the  bishop  without  mentioning  the  appeal  to, 
and  refusal  of,  the  vicar  general,  otherwise  the  bishop's  con- 
cession is  null  and  void.    A  favor  which  was  refused  by  the 
bishop  cannot  validly  be  granted  by  the  vicar  general,  even 
though  the  refusal  of  the  bishop  is  mentioned.     (Canon  369.) 

251.  The  vicar  general  has  within  the  diocese  prece- 
dence over  any  other  priests,   even  the  dignitaries  of  the 
cathedral  Chapter.     The  only  ones  who  precede  him  are 
those  who  have  the  order  of  the  episcopate,  e.  g.  a  titular 
bishop.     If  the  vicar  general  is  a  titular  bishop  he  has  all 
the  privileges  of  honor  of  these  bishops ;  if  he  is  not  a  bishop, 
he  has  during  the  time  of  his  office  the  privileges  and  in- 
signia of  titular  protonotary  apostolic.     The  Protonotaries 
apostolic    are   not   monsignori   or   domestic    prelates.      The 
cassock  of  titular  protonotaries  is  black,  as  is  also  the  silken 
sash  which  hangs  down  on  the  left  side;  this  girdle  may  end 
in  two  tassels.     The  Protonotary  may  wear  the  rochettum 


CHANCELLOR,   NOTARIES,   ARCHIVES  65 

and  black  mantle.  At  Holy  Mass  and  other  solemn  func- 
tions he  may  use  the  extra  candle  on  a  small  stand  with  a 
handle  called  the  "Palmatoria."  (Canon  370.) 

252.  The  jurisdiction  of  the  vicar  general  expires  by 
resignation  made  according  to  the  Canons   183-191,  or  by 
the  revocation  of  the  bishop  made  known  to  the  vicar,  or, 
finally,  by  the  vacancy  of  the  bishopric.    If  the  bishop's  juris- 
diction is  suspended,  that  of  the  vicar  suffers  the  same  fate. 
(Canon  371.) 

Article  II.    The  Chancellor,  Other  Notaries,  the  Episcopal 

Archives. 

253.  In  every  Curia  the  bishop  should  appoint  a  chan- 
cellor who  must  be  a  priest,  and  whose  office  is  principally 
to  keep  the  acts  of  the  Curia  in  the  archives,  to  arrange  them 
in  chronological  order  and  make  an  index  of  the  same.     If 
needs  be,  he  may  have  an  assistant  whose  title  shall  be  vice- 
chancellor.     The  chancellor  is  by  his  very  office  a  notary. 
(Canon  372.) 

254.  The  bishop  may  also  appoint  besides  the  chan- 
cellor other  notaries  whose  signature  is  recognized  by  the 
church  in  her  courts.     The  bishop  may  appoint  a  notary 
either  in  general  for  all  acts  or  for  specified  acts  or  occa- 
sions only.     He  may  also  appoint  lay  men  as  notaries,  if 
clerics  are  not  available,  but  in  criminal  cases  of  the  clergy 
the  notary  must  be  a  priest.     (Canon  373.) 

255.  The  office  of  a  notary  is   (1)   to  write  the  acts 
and  transactions  in  judicial  proceedings;   (2)   to  faithfully 
consign    to    writing    the    proceedings,    adding    place,    day, 
month  and  year,   and  his  own  signature;   (3)   to  show  to 
those  who  have  a  right  to  see  them  the  acts  and  documents 
on  file  and  to  attest  that  copies  agree  with  the  original. 

The  notary  cannot  write  acts  outside  the  diocese  where 
he  is  appointed  as  notary  nor  for  affairs  beyond  his  appoint- 
ment. (Canon  374.) 

256.  The  bishop  should  have  a  safe  and  convenient 
place  for  the  archives  of  the  diocese.    A  catalogue  or  index 
of  all  the  documents  with  a  summary  of  its  contents  should 
be  carefully  made.     (Canon  375.) 


66  THE  NEW  CANON  LAW, 

257.  Each  year  within  the  first  two  months  the  cata- 
logue should  be  brought  up  to  date,  classifying  the  docu- 
ments of  the  past  year.    The  Ordinary  should  inquire  about 
the  documents  missing  from  the  archives,  and  he  has  author- 
ity to  use   any  necessary  means  to  have  them   returned. 
(Canon  376.) 

258.  The   archives   must  be  kept  locked  and  no  one 
else  except  the  chancellor  shall  have  a  key  to  it.     Without 
the  permission  of  the  bishop  or  the  vicar  general  and  the 
chancellor  no  one  is  allowed  to  enter  the  archives.     (Canon 
377.) 

259.  Without  the  bishop's  or  vicar  general's  permis- 
sion no  one  is  allowed  to  take  any  document  out  of  the 
archives  and  they  must  be  returned  after  three  days.     The 
Ordinary  only  may  allow  a  longer  period  of  time  which, 
however,  should  not  easily  be  granted.     He  who  takes  any 
document  out  of  the  archives  must  leave  a  signed  receipt 
for  it  with  the  chancellor.     (Canon  378.) 

260.  The    bishop    should    also    have    a    special    place 
where  are  kept  documents  that  should  remain  secret.     Each 
year,  as  soon  as  possible,  the  documents  of  trials  for  bad 
behavior,  the  subjects  of  which  have  passed  this  life,  or  in 
whose  case  ten  years  have  elapsed  since  their  condemna- 
tion,  should  be  taken   out  of  the  archives  and  burnt.     A 
brief  summary  of  the  case  and  the  text  of  the  definite  sen- 
tence should  be  preserved. 

The  secret  archives  should  be  so  constructed  that  they 
can  be  opened  only  by  the  use  of  two  different  keys,  one 
to  be  kept  by  the  bishop  or  administrator  apostolic,  the 
other  by  the  vicar  general,  or  if  there  is  no  vicar,  by  the 
chancellor.  Only  the  bishop  may  ask  for  the  other  key 
to  open,  without  any  witness,  the  secret  archives.  (Canon 
379.) 

261.  The  documents  to  be   kept  in  the  parochial  or 
the  episcopal  Curia's  archives  and  not  of  a  secret  character 
shall  be  free  for  inspection  to  any  one  interested;  and  per- 
sons have  the  right  to  ask  that  a  legal  copy  be  made  and 
given  to  them  if  they  are  willing  to  bear  the  expense. 

The  chancellors  of  the  Curias,  the  pastors,  and  others, 
who  are  custodians  of  archives,  shall  in  the  communication 


EXAMINERS  AND  CONSULTORS  67 

of  documents  and  in  the  writing  out  and  giving  them  to 
others  observe  the  rules  given  by  the  legitimate  ecclesias- 
tical authority  and  in  doubtful  cases  the  Ordinary  of  the 
place  is  to  be  consulted.  (Canon  384.) 

Article  III.     Synodal  Examiners  and  Parochial  Con- 
suitors. 

262.  In  each  diocese  there  must  be  synodal  examiners 
and    parochial    consultors,    who    are    all    instituted    in    the 
synod,   the   bishop  proposing,   the   synod   approving  them. 
There  should  be  as  many  as  the  bishop  judges  necessary, 
not  less,  however,  than  four,  and  not  more  than  twelve. 
(Canon  385.) 

263.  If  any  of  the  synodal  examiners  or  the  parochial 
consultors  die,  or  otherwise  go  out  of  office,  in  the  time 
between  the  synods,  the  bishop  may  appoint  others,  called 
pro-synodal,  with  the  advice  of  the  cathedral  Chapter  or 
the  diocesan  consultors.     This  rule  should  also  be  followed 
in  appointing  examiners  and  parochial  consultors  whenever 
no  synod  is  held.     (Canon  386.) 

264.  The  examiners  and  parochial  consultors,  whether 
instituted  in  the  synod  or  outside  of  it,   go  out  of  office 
after  ten  years,  or  also  sooner,  if  the  synod  is  held.    They 
can,  however,  finish  an  affair  of  their  office  which  they  had 
begun  to  handle,  and  they  may  be  reappointed,  provided  the 
rules  of  law  are  observed.     Those  who  are  appointed  in 
place  of  examiners  or  parochial  consultors  who  go  out  of 
office  before  their  term  is  up,  remain  in  office  only  as  long 
as  those  would  have  remained  in  whose  place  they  were 
chosen.     (Canon  387.) 

265.  They    cannot   be    removed    from    office    by    the 
bishop  except  for  a  grave  reason  and  with  the  advice  of  the 
cathedral  Chapter,  or  the  diocesan  consultors.    (Canon  388.) 

266.  The    synodal    examiners    should    faithfully    lend 
their   services,   especially  in   the   examinations   for  the   ap- 
pointment of  pastors  and  in  the  trials,  as  prescribed  in  Canon 
2147  and  following.     (Canon  389.) 

For  the  examination  of  the  candidates  for  ordination, 
and  of  priests  to  be  approved  for  confessions  or  for  preach- 


68  THE  NEW  CANON  LAW 

ing,  and  for  the  yearly  examination  of  the  junior  clergy, 
the  bishop  is  free  to  either  call  the  examiners  or  others. 

267.  The    same    person    can    be    both    examiner    and 
parochial    consultor,    not,    however,    in    the    same    case. 
(Canon  390.) 

CHAPTER  V. 

Chapters  of  Canons.    (Canons  391-422.) 

CHAPTER  VI. 
Diocesan  Consultors. 

268.  In  those  dioceses  in  which  it  has  not  yet  been  pos- 
sible to  institute,  or  to  revive  former,  cathedral  Chapters  of 
canons,  the  bishop  shall  appoint  diocesan  consultors,  except 
where  the  Holy  See  has  given  special  laws  to  some  diocese. 
(Canon  423.) 

269.  The  consultors  are  nominated  by  the  bishop,  ob- 
serving Canon  426.    (Canon  424.) 

270.  There  shall  be  at  least  six  diocesan  consultors;  in 
dioceses  where  there  are  few  priests  at  least  four  consultors, 
and  all  consultors  must  live  either  in  the  episcopal  city  or  in 
nearby  places. 

Before  they  undertake  this  office,  they  must  take  an  oath 
that  they  will  faithfully  attend  to  their  office  without  respect 
of  persons.  (Canon  425.) 

271.  The  office  of  consultors  lasts  for  three  years. 

When  the  three  years  are  up  the  bishop  shall  either  ap- 
point others,  or  reappoint  the  same  ones  for  another  term  of 
three  years,  which  rule  shall  be  followed  every  triennium. 
If  any  of  the  consultors  go  out  of  office  before  their  three 
years'  term  is  up,  the  bishop  shall  appoint  others  in  their 
place,  with  the  advice  of  the  other  consultors  as  to  who  shall 
fill  out  the  term.  If  the  consultor's  term  expires  during  the 
vacancy  of  the  bishopric,  the  consultors  remain  in  office  until 
the  new  bishop  takes  possession,  and  he  is  to  provide  within 
the  first  six  months  according  to  this  Canon.  If  during  the 
vacancy  any  one  of  the  consultors  dies  or  resigns,  the  vicar 
capitular  (or  the  administrator)  shall,  with  the  consent  of  the 
other  consultors,  nominate  a  substitute  who  needs,  however, 


THE  VICAR  CAPITULAR  69 

the  confirmation  of  the  bishop  to  continue  in  office  after  the 
new  bishop  has  taken  possession.     (Canon  426.) 

272.  The  body  of  diocesan  consultors  takes  the  place  of 
the  cathedral  Chapters  as  the  council  of  the  bishop.     What- 
ever part  the  Canons  give  the  cathedral  Chapter  in  the  gov- 
ernment of  the  diocese  either  during  the  reign  of  the  bishop 
or  during  a  vacancy  is  to  be  also  the  part  of  the  body  of  con- 
suitors.    (Canon  427.) 

273.  During  their  term  the  consultors  should  not  be  re- 
moved except  for  a  just  cause  and  with  the  advice  of  the  other 
consultors.    (Canon  428.) 

CHAPTER  VII. 

Obstruction  in  the  Government,  Vacancy  of  the  Episcopal 
See,  the  Vicar  Capitular. 

274.  If  the  bishop  is  in  captivity,  or  banished,  exiled, 
or  otherwise  inhabilitated,  so  that  he  cannot  even  by  letter 
communicate  with  the  people  of  his  diocese,  the  government 
of  the  diocese  shall  rest  with  the  vicar  general  or  another 
priest  delegated  by  the  bishop,  unless  the  Holy  See  has  made 
other  provision. 

The  bishop  may  in  such  circumstances  for  grave  reasons 
delegate  several  persons  who  are  to  succeed  each  other. 

If  all  of  them  fail,  or  are  impeded  in  any  of  the  ways 
described  above,  the  cathedral  Chapter  shall  appoint  a  vicar 
who  shall  assume  the  government  with  the  powers  of  vicar 
capitular. 

Those  called  upon  to  assume  the  government  of  the  dio- 
cese in  such  circumstances,  shall  as  soon  as  possible  inform 
the  Holy  See  of  the  state  of  affairs  and  of  their  having  taken 
over  the  government. 

If  the  bishop  should  have  fallen  into  excommunication, 
interdict,  or  suspension,  the  archbishop,  or  in  case  of  the 
archbishop  being  under  censure,  the  oldest  suffragan,  shall 
at  once  have  recourse  to  the  Holy  See  that  proper  provision 
may  be  made.  If  there  is  question  of  bishops  and  prelates 
nullius  who  belong  to  no  ecclesiastical  province,  but  who 
have  to  choose  an  archbishop  to  whose  jurisdiction  they  wish 
to  belong  for  the  purpose  of  Provincial  Councils  (cf.  Canon 


70  THE  NEW  CANON  LAW 

285),  the  archbishop  thus  chosen  shall  report  to  the  Holy 
See.    (Canon  429.) 

275.  The  episcopal  see  becomes  vacant  by  the  death  of 
the  bishop,  by  renunciation  accepted  by  the  Roman  Pontiff, 
by  transfer,  and  by  deprivation  made  known  to  the  bishop. 

Nevertheless,  all  acts  of  the  vicar  general  are  valid  until 
he  has  received  certain  notice  of  the  bishop's  death ;  and,  in 
the  case  of  removal  or  transfer  by  the  Holy  See,  all  acts  of 
the  bishop  or  of  his  vicar  general  hold  until  official  notice 
from  the  Roman  Pontiff  has  reached  them.  Only  appoint- 
ments to  benefices  and  offices  are  excepted  from  this  rule. 

In  case  of  transfer  of  a  bishop  to  another  diocese,  the 
bishop  must  within  four  months  from  the  receipt  of  the  no- 
tice take  possession  of  the  new  diocese,  according  to  Canons 
333,  334;  and  the  diocese  he  leaves  becomes  fully  vacant  from 
the  day  the  bishop  takes  possession  of  the  new  diocese.  In 
the  meantime  the  following  rules  govern:  (1)  the  vicar  capi- 
tular has  the  right  and  duty  of  government,  the  power  of  the 
vicar  general  ceasing  as  soon  as  the  notice  from  Rome  ar- 
rives; (2)  the  vicar  capitular  has  the  privileges  of  honor  of 
residential  bishops;  (3)  he  receives  all  the  income  of  the 
mensa  eplscopalis  according  to  Canon  194,  §2.  (Canon  430.) 

276.  In  case  of  vacancy  the  government  of  the  diocese 
belongs  to  the  cathedral  Chapter,  unless  there  is  an  Apostolic 
administrator  or  the  Holy  See  has  otherwise  provided. 

If  by  special  arrangement  of  the  Holy  See  the  arch- 
bishop, or  another  bishop,  has  the  right  to  appoint  an  ad- 
ministrator for  a  vacant  diocese,  such  administrator  has  all 
those,  and  only  those,  faculties  and  powers  which  the  vicar 
capitular  has  and  he  is  held  to  the  same  obligations  and 
penalties.  (Canon  431.) 

277.  The  cathedral  Chapter  must  within  eight  days 
from  the  notice  of  the  vacancy  of  the  episcopal  see  elect  the 
vicar  capitular  for  the  government  of  the  diocese.     If  the 
Chapter  neglects  to  do  so  within  that  time,  the  archbishop 
has  the  right  to  appoint  the  vicar  capitular  and  in  case  of  the 
metropolitan    see,    the    oldest    suffragan    bishop.     The    same 
rule  governs  in  the  vacancy  of  independent  dioceses  or  pre- 
lacies nullius  of  which   Canon  285   speaks.    The   cathedral 
Chapter  shall  as  soon  as  possible  notify  the  Holy  See  of 


THE  VICAR  CAPITULAR  71 

the   vacancy   and   of   the    election    of    the   vicar    capitular. 
(Canon  432.) 

278.  Under  pain  of  nullity  the  Chapter  shall  appoint 
only  one  vicar  capitular  by  canonical  election  in  which  the 
absolute  majority  of  votes  suffices.    (Canon  433.) 

279.  The  vicar  capitular  must  under  pain  of  invalidity 
of  the  election  be  a  priest,  at  least  thirty  years  of  age,  and 
must  not  have  been  elected,  nominated  or  presented  to  the 
Holy  See  for  the  bishopric  by  those  having  the  right  to  elect, 
present,  etc.    If  the  election  of  the  vicar  capitular  is  invalid, 
the  archbishop,  or  as  the  case  may  be,  the  oldest  suffragan, 
has  the  right  to  appoint  in  that  instance  the  vicar  capitular. 
(Canon  434.) 

280.  The  cathedral  Chapter,  and  after  his  election  the 
vicar  capitular,  have  ordinary  episcopal  jurisdiction   in   all 
things  spiritual  and  temporal,  with  the  exception  of  those 
acts  which  are  explicitly  forbidden  them  in  law.    Wherefore 
they  have  all  the  rights  enumerated  in  Canon  368,  §2;  they 
have  power  to  allow  any  bishop  to  exercise  the  pontificals  in 
the  diocese  and,  if  the  vicar  capitular  is  a  bishop  he  can 
exercise  them  himself  with  the  exception  of  the  throne  and 
the  canopy.     The  vicar  capitular  and  the  Chapter  are  not 
allowed  to  do  anything  that  might  be  prejudicial  to  the  rights 
of  the  diocese  or  the  future  bishop,  and  they  are  specially 
forbidden  to  take  away,  destroy,  conceal,  or  change,  any  of 
the  documents  of  the  episcopal  curia.     (Canon  435.) 

281.  During  the  vacancy  no  changes  shall  be  made. 
(Canon  436.) 

282.  In  the  election  of  the  vicar  capitular  the  Chapter 
cannot  retain  for  itself  any  part  of  jurisdiction,  nor  fix  the 
time  of  duration  of  office  of  the  vicar,  nor  attach  any  restric- 
tions.    (Canon  437.) 

283.  The  vicar  capitular  having  made  the  profession  of 
faith   demanded   in   Canons    1406-1408,   obtains  jurisdiction 
immediately  and  does  not  need  any  confirmation  of  his  elec- 
tion.    (Canon  438.) 

284.  The   rules    of    Canon   370   concerning   the   vicar 
general  also  apply  to  the  vicar  capitular.    (Canon  439.) 

285.  The  vicar  capitular  is  obliged  to  reside  within  the 


72  THE  NEW  CANON  LAW 

diocese,  and  to  apply  Holy  Mass  for  the  people  according  to 
the  rules  of  Canons  338,  339.     (Canon  440.) 

286.  Unless  other  rules  have  lawfully  been  made,  the 
vicar  capitular  and  the  economus  have  the  right   (1)   to  a 
proper  salary  to  be  specified  in  the  Provincial  Council,  or 
by  acknowledged  custom,   from   the  income   of   the   mensa 
episcopalis  or  other  sources;  (2)  the  rest  of  the  income  of  the 
diocese  should  be  reserved  to  the  future  bishop  for  the  needs 
of  the  diocese,  if  it  would  have  come  to  the  bishop  had  he 
been  in  office.     (Canon  441.) 

287.  The  economus  of  the  diocese  shall  have  the  ad- 
ministration of  the  goods  and  revenue  of  the  diocese,  under 
the  authority,  however,  of  the  vicar  capitular.    (Canon  442.) 

288.  The   removal  of  the  vicar  capitular   and  of  the 
economus  is  reserved  to  the  Holy  See.    Their  renunciation  is 
to  be  handed  in  authentic  form  to  the  Chapter,  but  it  is  not 
necessary  for  its  validity  that  the  Chapter  accept  it.     The 
appointment  of  a  new  vicar  or  an  economus  after  the  resig- 
nation,   death,   or   removal  by   the   Holy   See  belongs   to   the 
Chapter  after  the  manner  of  Canon  432.     Their  authority, 
moreover,  expires  from  the  moment  the  new  bishop  takes 
possession.     (Canon  443.) 

289.  The    new   bishop    has    authority   to    demand    an 
account  from  the  vicar  capitular,  and  from  all  officials  of 
their  actions  during  the  vacancy,  and  to  punish  delinquents, 
even   though   the   Chapter   should   have   exonerated   them. 
They  must  also  give  an  account  of  documents  belonging 
to   the    Church   that   came   to   them   during   the   vacancy. 
(Canon  444.) 

CHAPTER  VIII. 
Deans. 

290.  A  dean  (vicarius  foraneus)  is  a  priest  who  presides 
over  a  deanery  by  appointment  of  the  bishop.   Cf.  Canon  217. 
(Canon  445.) 

291.  The  bishop  should  appoint  to  the  office  of  dean 
worthy  priests,   especially  from   among  the   pastors.     The 
dean  may  be  removed  at  will  by  the  bishop.    (Canon  446.) 

292.  Besides  the  faculties  which  the  diocesan  statutes, 


DEANS  73 

or  otherwise  the  bishop,  may  give  them,  they  have  the  right 
and  duty:  (1)  to  watch  over  the  clergy  of  their  district  in 
order  that  they  live  according  to  the  laws  of  the  Church, 
keep  residence,  attend  to  preaching  and  instruction  of  the 
children  and  the  adults  and  fulfil  their  duty  towards  the  sick 
and  infirm;  (2)  to  see  to  it  that  they  fulfil  the  decrees  and 
orders  of  the  bishop  issued  at  the  time  of  visitation;  (3)  to 
see  to  it  that  the  rules  concerning  the  keeping  of  the  Blessed 
Sacrament  are  observed;  (4)  that  the  Churches  and  what- 
ever is  used  for  Divine  worship  are  kept  in  proper  condi- 
tion, that  the  laws  of  liturgy  are  observed  in  the  Divine 
services,  that  the  Church  property  is  properly  and  faithfully 
administrated  and  the  obligations  annexed  to  Church  endow- 
ments, as  for  instance  legacies  of  Masses,  are  attended  to; 
that  the  Church  records  are  properly  kept. 

In  order  to  obtain  knowledge  of  these  matters  the  dean 
should  at  stated  times,  to  be  fixed  by  the  bishop,  visit  the 
parishes. 

It  is  the  dean's  duty  to  see  to  it  as  soon  as  he  hears  of 
the  serious  illness  of  any  pastor  of  his  district,  that  such 
a  priest  receives  the  necessary  spiritual  and  temporal  as- 
sistance, and,  in  case  of  death,  a  becoming  burial.  He  has, 
moreover,  the  duty  to  watch  that  during  the  illness  and 
after  the  death  of  a  pastor  the  books,  documents,  sacred 
utensils  and  other  objects  belonging  to  the  parish  are  not 
lost,  or  taken  away.  (Canon  447.) 

293.  The  dean  must  on  days  appointed  by  the  bishop 
summon  the  priests  of  his  district  for  the  conferences  of  which 
Canon  131  speaks,  and  preside  at  them.     If  they  are  held 
in  several  places  of  his  district,  he  must  watch  that  they 
are  properly  attended.     If  the  dean  is  not  a  pastor,  he  must 
reside  in  the  territory  of  the  deanery  or  in  a  place  nearby, 
according  to   the   regulations   to  be   made   by   the   bishop. 
(Canon  448.) 

294.  At  least  once  a  year  the  dean  should  submit  report 
to  the  bishop,  not  only  of  the  good  that  has  been  accom- 
plished but  also  of  evils  that  have  crept  in,  scandals  that 
have  arisen,  and  what  has  been  done  to  repair  them,  and 
what  he  has  to  suggest  for  wiping  out  the  evils.     (Canon 
449.) 


74  THE  NEW  CANON  LAW 

295.  The  dean  should  have  a  seal  proper  to  the  dean- 
ery.    He  precedes  all  the  pastors  and  other  priests  of  his 
district.     (Canon  450.) 

CHAPTER  IX. 
Pastors. 

296.  The  pastor  is  an  individual  priest,  or  a  body  of 
men,  to  whom  a  parish  has  been  conferred  to  attend  to  the 
care  of  souls  by  and  under  the  authority  of  the  bishop.   The 
following  persons  are  in  law  held  equal  to  pastors  with  all 
parochial  rights  and  duties:  (1)  the  quasi-pastors  who  are 
in  charge  of  quasi-parishes,  that  is  to  say,  in  vicariates  and 
prefectures  apostolic  where  the  territory  has  been  divided 
into  districts  and  an  individual  rector  been  appointed  over 
the  district.     In  countries  like  the  United  States  and  others 
withdrawn   from   the  jurisdiction   of   the   Propaganda,   the 
rectors  of  parochial  churches  are  called  pastors  in  the  strict 
sense  of  the  term;   (2)   the  parochial  vicars,  if  they  have 
full  parochial  power. 

Concerning  the  major  and  minor  military  chaplains,  the 
special  regulations  of  the  Holy  See  are  to  be  observed. 
(Canon  451.) 

297.  Without  Apostolic  indult  the  bishop  cannot  unite 
a  parish  to  a  body  of  men,  e.  g.  a  monastery,  college,  in  full 
right,  namely  in  such  a  way  that  the  body  of  men  as  a  collec- 
tive person  becomes  pastor  of  a  parish.     Cf.  Canon  1432,  §  2. 

A  body  of  men  to  whom  a  parish  has  been  given  by  full 
right  can  retain  only  habitually  the  care  of  souls;  the  actual 
exercise  of  the  pastoral  rights  and  duties  rests  with  the 
parochial  vicar  who  is  appointed  according  to  the  rules  of 
Canon  471.  (Canon  452.) 

298.  In  order  that  a  cleric  may  validly  be  appointed 
pastor  he  must  be  a  priest.     (Canon  453.) 

299.  Those  who  are  appointed  as  rectors  of  a  parish 
should  remain  in  office  permanently,  which  rule,  however, 
does  not  forbid  to  change  any  pastor  provided  the  rules  of 
Canon  Law  are  observed. 

Not  all  pastors  have  the  same  stability  in  office;  those 
who  enjoy  greater  stability  are  called  irremovable,  those  who 


PASTORS  75 

have  a  lesser  degree  of  stability  are  usually  called  movable 
pastors. 

Irremovable  parishes  cannot  be  made  movable  without 
the  beneplacitum  of  the  Holy  See.  The  movable  parishes 
can  be  made  irremovable  by  the  bishop,  not  however  by 
the  vicar  general,  with  the  advice  of  the  cathedral  Chapter 
or  the  diocesan  consultors.  New  parishes  to  be  established 
should  be  made  irremovable,  unless  the  bishop,  having 
sought  the  counsel  of  the  Chapter  or  the  consultors,  should 
prudently  judge  that  peculiar  circumstances  of  place  and 
persons  make  movable  pastorships  more  advisable. 

All  pastors  of  quasi-parishes  are  movable. 

Pastors  belonging  to  religious  communities  are  always, 
as  far  as  the  individual  person  is  concerned,  movable,  and 
they  can  be  removed  as  pastors  both  by  the  will  of  the 
bishop,  notifying  the  superior,  and  also  at  the  will  of  the 
respective  religious  superior,  notifying  the  bishop.  Both 
have  equal  rights  and  the  one  does  not  need  the  consent  of 
the  other,  nor  has  one  to  give  reason  to  the  other,  much 
less  proof.  Both  have  the  right  of  recourse  in  devolutivo  to 
the  Holy  See  in  a  disagreement.  (Canon  454.) 

300.  The  right  to  nominate  and  institute  pastors  be- 
longs to  the  bishop,  except  for  parishes  reserved  to  the  Holy 
See;  all  contrary  customs  injuring  this  right  of  the  bishop 
are  disapproved.     Those,  however,  who  have  legitimately 
been  given  the  right  to  elect  or  present  the  pastor  do  retain 
their  right. 

When  the  diocese  is  vacant  or  impeded,  as  described  in 
Canon  429,  the  vicar  capitular,  or  another  who  rules  the 
diocese  has  the  right:  (1)  to  institute  parochial  vicars  ac- 
cording to  Canons  472-476;  (2)  to  confirm  the  election  or 
accept  the  presentation  to  a  vacant  parish  and  to  grant  the 
elected  or  presented  priest  the  canonical  institution  as 
pastor;  (3)  to  appoint  pastors  to  parishes  in  general,  if  the 
see  has  been  vacant  for  at  least  one  year. 

The  vicar  general  has  no  power  to  confer  parishes 
without  a  special  mandate  from  the  bishop,  except  in  cases 
where  the  bishop  is  in  captivity,  exile,  inhabilitated  to  act, 
etc.,  as  described  in  Canon  429,  §1.  (Canon  455.) 

301.  For  parishes  entrusted  to  religious,  the  superior 


76  THE  NEW  CANON  LAW 

whose  office  it  is,  according  to  the  constitutions  of  the 
Order,  has  the  right  to  present  a  priest  of  his  Order  to  the 
Ordinary  for  the  pastor's  office.  The  Ordinary  gives  him 
the  canonical  institution,  observing  Canon  459,  §2,  which 
leaves  to  the  bishop  the  judgment  of  the  requisite  qualifica- 
tions. (Canon  456.) 

302.  Quasi-pastors   are   nominated   from   the    secular 
clergy  by  the  local  Ordinary  with  the  advice  of  his  council. 
Quasi-parishes  are  those  in  vicariates  and  prefectures  apos- 
tolic, where,  according  to  Canon  302,  the  vicar  or  prefect 
apostolic  is  to  appoint  at  least  three  of  the  older  missionaries 
as  his  advisory  board,  whom  he  should  consult  in  all  more 
important  cases.     (Canon  457.) 

303.  The   bishop   should   not   delay  the   appointment 
of  a  pastor  to  a  vacant  parish  for  more  than  six  months, 
unless  peculiar  circumstances  of  place  and  persons  induce 
the   Ordinary   to   delay   the   conferring   of   the   pastorship. 
(Canon  458.) 

304.  The  Ordinary  is  bound  in  conscience  to  give  the 
vacant  parish  to  the  priest  whom  he  judges  best  qualified, 
without  favoritism. 

In  judging  the  candidates  for  the  pastorship  there  must 
be  considered  not  only  learning  but  also  all  other  qualities 
required  for  the  proper  administration  of  the  parish. 

Wherefore  the  Ordinary  should,  (1)  not  neglect  to 
gather  information  from  any  source  as  to  the  character  of 
the  priest;  (2)  refer  to  the  examinations  he  passed  when 
belonging  to  the  junior  clergy  (Cf.  Canon  130,  §2);  (3) 
subject  the  candidate  to  an  examination  as  to  his  theological 
knowledge  before  himself  and  the  synodal  examiners,  unless 
there  is  question  of  a  priest  well-known  for  his  theological 
learning,  in  which  case  he  may  with  the  consent  of  the  ex- 
aminers dispense  him  from  the  examination;  (4)  in  countries 
where  the  conferring  of  parishes  is  done  by  a  concursus, 
either  in  the  form  of  the  constitution  of  Pope  Benedict  XIV., 
"Cum  illud,"  Dec.  14,  1742,  or  by  a  general  concursus,  that 
form  shall  be  retained  until  the  Holy  See  shall  have  other- 
wise provided.  (Canon  459.) 

305.  A  pastor  should  have,  according  to  Canon  156, 


PASTORS  77 

only  one  parish,  unless  there  is  question  of  two  parishes 
which  have  been  united  aeque  principaliter. 

In  one  and  the  same  parish  there  can  be  but  one  pastor 
who  has  the  actual  care  of  souls;  all  contrary  customs  are 
disapproved  and  privileges  recalled.  (Canon  460.) 

306.  The  pastor  assumes  the  care  of  souls  from  the 
moment  of  taking  possession.     The  manner  of  taking  pos- 
session may,  according  to  Canon  1444,  be  regulated  by  par- 
ticular law  or  by  custom.     Before  taking  possession,  or  in 
the  act  of  taking  possession  he  must  make  the  profession  of 
faith  prescribed  by  Canon  1406,  §  1,  n.  7.     (Canon  461.) 

307.  The  functions  reserved  to  the  pastor,  unless  the 
law  states  otherwise,  are  the  following: 

1.  To  baptize  solemnly. 

2.  To  carry  the  Blessed  Sacrament  publicly  to  the  sick 
within  his  parish. 

3.  To  administer  the  Holy  Viaticum,  whether  publicly 
or  privately,  and  to  give  Extreme  Unction.     The  bishops 
receive  the  last  Sacraments  from  the  canons  of  the  Chapter 
according  to   their  rank  of  dignity.    Where  there   are  no 
cathedral  Chapters  the  consultors  of  the  diocese  take  their 
place.     In  clerical  religious  communities  the  administration 
of  the  last  rites  to  the  religious,  and  to  all  that  live  in  the 
religious  house,  belongs  to  the  superior.    In  case  of  necessity 
any  priest  may  administer  the  last  rites,  and  sometimes  also 
by  presumed  permission. 

4.  To  announce  sacred  orders  and  the  marriage  banns. 
To  assist  at  marriages  and  to  give  the  nuptial  blessing. 

5.  To  perform  the  funeral  services  of  his  parishioners 
unless  they  themselves  selected  before  their  death  another 
church  for  burial. 

6.  To  bless  the  houses  on  Holy  Saturday  or  any  other 
day,  according  to  local  customs,  with  the  blessing  of  the 
ritual. 

7.  To  bless  the  baptismal  font  on  Holy  Saturday,  to 
have  public  processions  outside  the  church  in  his  parish,  to 
give  blessings  outside  the  church  with  great  pomp  and  cere- 
mony, unless  there  is  question  of  the  cathedral  Chapter  which 
may  perform  such  public  functions.     (Canon  462.) 


78  THE  NEW  CANON  LAW, 

308.  The  pastor  has  the  right  to  the  revenue  to  which 
legitimate  custom  or  legal  taxation,  according  to  Canon  1507, 
§  1,  entitle  him.    If  he  exacts  more  than  he  is  entitled  to  he  is 
held  to  restitution. 

If  any  of  the  parochial  offices  are  attended  to  by  another 
priest,  the  fees  or  offerings  belong  to  the  pastor,  unless  the 
contrary  will  of  those  making  the  offering  is  certain  concern- 
ing the  sum  that  is  over  and  above  the  ordinary  tax.  He 
must  not  refuse  to  gratuitously  serve  those  who  are  not  able 
to  pay  for  the  services.  (Canon  463.) 

309.  The  pastor  is  bound  by  virtue  of  his  office  to  exer- 
cise the  care  of  souls  for  all  who  are  not  legitimately  exempt 
from  his  jurisdiction. 

The  bishop  may  for  just  and  grave  reasons  exempt  from 
the  authority  of  the  pastor  the  religious  houses  and  pious  in- 
stitutions within  the  limits  of  the  parish,  though  they  are  not 
exempted  by  the  common  law.  (Canon  464.) 

310.  The  pastor  is   obliged   to   live  in  the  parochial 
house,  near  his  church.    The  Ordinary  may  permit  him  for  a 
just  reason  to  live  elsewhere,  provided  the  house  is  not  so  far 
away  from  the  church  that  the  attendance  to  the  duties  of 
his  office  thereby  suffers. 

He  is  allowed  to  have  two  months  vacation  in  a  year, 
either  continuous  or  interrupted,  unless  the  Ordinary  re- 
stricts or  prolongs  that  period. 

The  days  spent  in  the  retreat  of  the  priests  of  the  dio- 
cese do  not  count  as  part  of  the  vacation. 

Whether  the  pastor  takes  his  vacation  for  two  months 
in  succession  or  with  interruptions,  the  rule  is  that  whenever 
he  goes  away  for  more  than  a  week  he  must  in  addition  to  a 
good  reason  for  going  have  the  written  permission  of  the 
bishop.  While  away  from  his  parish  the  pastor  must  pro- 
vide a  substitute  approved  by  the  Ordinary.  If  the  substi- 
tute is  a  religious  priest,  he  must  have  both  the  approval  of 
the  bishop  and  of  the  religious  superior. 

If  the  pastor  is  obliged  to  leave  his  parish  suddenly,  on 
account  of  some  very  urgent  reason,  and  must  be  away  for 
over  a  week,  he  shall  as  soon  as  possible  inform  his  bishop 
by  letter  of  the  facts  and  state  what  priest  he  left  in -charge 
of  the  parish. 


PASTORS  79 

Also  in  cases  when  the  pastor  is  away  from  the  parish 
for  less  than  a  week  he  must  provide  for  the  wants  of  the 
people,  especially  when  the  peculiar  circumstances  of  the 
parish  demand  constant  attention.  (Canon  465.) 

311.  Pastors  are  strictly  bound  to  apply  Holy  Mass  for 
their  congregation  on  all  Sundays  and  Holidays  of  obliga- 
tion, even  on  abolished  Holidays.  Quasi-pastors,  that  is  to 
say,  pastors  in  districts  subject  to  the  Propaganda,  are  ad- 
vised out  of  charity  to  say  Holy  Mass  for  their  congregation 
on  Sundays  and  the  greater  feasts  of  the  year.  As  the  pas- 
tors in  the  United  States,  whether  irremovable  or  movable 
pastors,  are  pastors  in  the  strict  meaning  of  the  term  by  vir- 
tue of  the  Code,  they  will  have  to  apply  Holy  Mass  for  their 
congregations.  The  feast  days  are  the  following:  Christmas; 
New  Year's;  Epiphany;  Easter  Sunday,  Monday  and  Tues- 
day; Ascension;  Pentecost  Sunday,  Monday  and  Tuesday; 
Trinity;  Corpus  Christi;  Invention  of  the  Holy  Cross;  Im- 
maculate Conception;  Purification;  Ahnunciation ;  Assump- 
tion and  Nativity  of  the  Blessed  Virgin;  Dedication  of  St. 
Michael;  Nativity  of  St.  John  Baptist;  SS.  Peter  and  Paul; 
St.  Andrew;  St.  James;  St.  John;  St.  Thomas;  SS.  Philip 
and  James;  St.  Bartholomew;  St.  Matthew;  SS.  Simon  and 
Jude;  St.  Mathias;  St.  Stephen;  Holy  Innocents;  St.  Lau- 
rence; St.  Silvester,  Pope;  St.  Joseph  and  Ste.  Anne;  All 
Saints'.  It  is  the  common  teaching  of  moralists  that  even  if 
on  these  days  the  pastor  says  two  Holy  Masses  he  cannot 
accept  a  stipend  for  either  Mass. 

If  the  pastor  should  have  several  parishes  which  are 
united  aeque  principaliter,  or  should  be  administrator  of  an 
additional  parish  or  parishes,  he  satisfies  his  obligation  by 
saying  one  Holy  Mass  for  the  people. 

The  Ordinary  can  for  a  just  reason  allow  the  pastor  to 
apply  Holy  Mass  for  the  people  on  another  day  than  that 
specified  in  law. 

The  pastor  should  say  the  Mass  for  the  people  in  his 
parish  church,  unless  circumstances  demand  otherwise. 

If  the  pastor  is  legitimately  absent,  he  may  either  him- 
self say  the  Mass  for  the  people  in  the  place  where  he  stays, 
or  have  it  said  by  the  priest  who  takes  his  place  in  the  parish. 
(Canon  466.) 

312.     The  pastor  must  celebrate  the  Divine  offices,  ad- 


80  THE  NEW  CANON  LAW 

minister  the  Sacraments  to  the  faithful  as  often  as  they 
legitimately  request  it,  get  acquainted  with  the  people,  ad- 
monish the  erring,  assist  the  poor  and  the  sick,  and  give  his 
special  care  to  the  instruction  of  the  children  in  the  Catholic 
faith. 

The  faithful  should  be  admonished  that  they,  if  pos- 
sible, frequently  go  to  their  parish  church  to  assist  at  the 
Divine  services  and  to  hear  the  Word  of  God.  (Canon  467.) 

313.  The  pastor,  shall  take  special  care  of  the  sick,  es- 
pecially when  they  are  dying,  give  them  the  Sacraments  fre- 
quently, and  commend  their  souls  to  God. 

The  pastor,  and  any  other  priest  assisting  the  sick,  has 
the  faculty  to  give  the  Apostolic  blessing  with  a  plenary  in- 
dulgence for  the  moment  of  death,  to  be  applied  according 
to  the  formula  of  the  ritual.  (Canon  468.) 

314.  The  pastor  must  watch  that  nothing  shall  be  done 
against  faith  or  mor  .is  in  his  parish,  especially  in  the  schools 
whether  private  or  public,  and  he  must  advance  the  works 
of  charity,  faith  and  piety  in  the  parish.     (Canon  469.) 

315.  The  pastor  must  keep  the  parochial  records  of 
Baptism,   Confirmation,    marriage,    and   the   deceased.      He 
shall  take  care  to  have  the  census  book  as  correct  as  possible, 
and  he  shall  keep  these  books  with  great  care  and  according 
to  the  approved  custom  or  the  regulations  of  the  bishop. 

In  the  baptismal  record  should  be  inserted  a  notice 
about  the  Confirmation,  and  the  marriage,  or  subdeaconship, 
or  solemn  profession.  When  issuing  baptismal  certificates 
these  facts  should  always  be  mentioned  in  the  certificate. 

At  the  end  of  each  year  the  pastor  should  send  an  au- 
thentic copy  of  the  records  to  the  episcopal  Curia  with  the 
exception  of  the  census  book. 

The  pastor  should  have  a  parochial  seal  and  a  safe  place 
for  the  above-mentioned  parochial  books,  where  he  should 
also  keep  the  bishop's  letters  and  other  documents  that  may 
be  useful  or  necessary  to  keep.  (Canon  470.) 

CHAPTER  X. 

Parochial  Vicars. 

316.  If  a  parish  is  united  to  a  religious  house,  to  a 
cathedral  or  collegiate  Chapter,  or  any  other  body  of  men 


PAROCHIAL  VICARS  81 

by  full  right,  a  vicar  must  be  appointed  for  the  actual  care 
of  souls  who  shall  receive  a  suitable  salary  from  the  income 
of  the  parish  according  to  the  judgment  of  the  bishop. 

The  religious  superior,  or  the  Chapter,  or  other  legal 
body  to  which  the  parish  is  attached,  shall  nominate  the  vicar 
and  present  him  to  the  bishop  who  must  appoint  him  if  he 
finds  him  qualified,  according  to  the  rules  of  Canon  459. 
Only  in  case  of  legitimate  privilege  or  custom,  or  endow- 
ment of  the  vicariate  by  the  bishop  in  which  he  reserved  to 
himself  the  right  of  freely  nominating  the  pastor,  can  the 
bishop  himself  nominate  the  parochial  vicar. 

If  the  parochial  vicar  is  a  religious  he  is  movable  like 
the  religious  pastor,  as  stated  in  Canon  454,  §  5.  All  other 
narochial  vicars  are  perpetual  as  far  as  the  college  or  Chapter 
that  presents  him  is  concerned,  but  the  bishop  has  the  right  to 
remove  him  in  the  same  way  as  pastors,  notifying  the  one 
who  presented  the  vicar. 

To  the  vicar  exclusively  belongs  the  care  of  souls  with 
all  the  rights  and  duties  of  law  and  the  statutes  of  the  diocese 
and  laudable  customs.  (Canon  471.) 

317.  During    the    vacancy    of    the    parochial    office    the 
bishop  shall  as  soon  as  possible  appoint,  with  the  consent  of 
the  religious  superior  if  there  is  question  of  religious,  a  vicar 
economus  who  shall  rule  the  parish  during  the  vacancy  and 
receive  a  proper  portion  of  the  revenue. 

Before  the  vicar  economus  is  appointed  the  assistant  of 
the  former  pastor  shall  assume  the  government  of  the  parish; 
if  there  are  several  assistants,  the  first;  if  they  are  all  equal, 
the  senior  in  office  of  the  assistants.  If  there  are  no  as- 
sistants, the  nearest  pastor  takes  charge ;  in  case  of  religious, 
the  superior  of  the  house.  The  bishop  in  the  diocesan  synod, 
or  outside  of  the  synod  shall  determine  beforehand  which 
parish  is  to  be  considered  nearest. 

He  who  takes  charge  of  the  parish  after  the  manner  of 
the  preceding  paragraph,  shall  notify  the  bishop  of  the  va- 
cancy. (Canon  472.) 

318.  The  vicar  economus  has  the  same  rights  and  duties 
as  the  pastor  in  all  things  concerning  the  care  of  souls.     He 
must,  however,  do  nothing  that  might  be  prejudicial  to  the 
rights  of  the  pastor  and  the  parochial  benefice. 


82  THE  NEW  CANON  LAW 

The  vicar  economus  shall  in  presence  of  the  dean  or  an- 
other priest  appointed  by  the  bishop  hand  to  the  newly  ap- 
pointed pastor  the  key  of  the  parochial  archives  and  all  other 
things  belonging  to  the  parish,  and  give  an  account  of  the 
receipts  and  expenditures,  for  the  time  of  his  administration. 
(Canon  473.) 

319.  The  vicar  who  takes  charge  of  the  parish  in  the 
absence  of  the  pastor,  e.  g.,  during  vacation,  has  all  the  rights 
of  a  pastor  as  far  as  the  care  of  souls  is  concerned.     (Canon 
474.) 

320.  If  the  pastor,  on  account  of  old  age,  mental  debil- 
ity or  other  perpetual  inability,  is  not  able  to  administrate 
the  parish,  the  bishop  must  give  him  an  assistant  as  vicar  of 
the  parish.     If  it  is  a  parish  in  charge  of  the  religious  the 
superior  presents  the  vicar. 

The  assistant  who  takes  the  place  of  the  pastor  in  all  the 
affairs  of  the  parish  has  all  the  rights  and  duties  of  a  pastor, 
with  the  exception  of  the  application  of  the  Mass  for  the 
congregation  which  rests  with  the  pastor;  if,  however,  he 
has  only  part  of  the  pastoral  duties  to  attend  to,  his  rights 
and  obligations  must  be  learned  from  his  letters  of  appoint- 
ment. 

If  the  pastor  is  of  sound  mind,  the  assistant  must  help 
him  in  the  pastoral  work  under  his  authority  and  according 
to  the  bishop's  instructions. 

If  the  parish  cannot  be  properly  taken  care  of  by  an  as- 
sistant acting  as  parochial  vicar,  the  bishop  has  the  right  to 
remove  the  pastor  according  to  Canons  2147-2161.  (Canon 
475.) 

321.  If  the  pastor  alone  cannot  take  care  of  all  the  work 
in  the  parish,  on  account  of  the  great  number  of  the  people 
or  for  other  reasons,  the  bishop  may  give  him  one  or  several 
assistants,  called  in  law  vicarii  cooperatores,  who  shall  receive 
a  proper  salary. 

The  assistants  may  be  appointed  either  for  the  entire 
parish  or  for  a  certain  specified  part  of  it. 

The  bishop,  not  the  pastor,  has  the  right  to  nominate 
the  assistants  of  the  secular  clergy,  after  having  given  hear- 
ing to  the  pastor. 

The  assistants  of  a  religious  pastor  are  presented  to  the 


RECTORS  OF  CHURCHES  83 

bishop  by  their  competent  religious  superior,  and  it  belongs 
to  the  bishop  to  approve  them. 

The  assistants  are  obliged  to  reside  in  the  parish  accord- 
ing to  the  diocesan  statutes,  or  the  laudable  customs,  or  the 
laws  of  the  bishop.  Where  it  is  possible  the  bishop  should 
arrange  that  they  live  in  the  rectory. 

The  rights  and  duties  of  the  assistants  are  derived  from 
the  diocesan  statutes,  the  letters  of  appointment,  and  the 
commission  of  the  pastor.  Unless  the  contrary  has  been  ex- 
pressly stated,  they  must  assist  the  pastor  in  the  general  min- 
istry of  the  parish,  with  the  exception  of  the  application  of 
Holy  Mass  for  the  people. 

The  assistants  are  subject  to  the  pastor  who  should  pa- 
ternally instruct  and  direct  them  in  the  care  of  souls,  watch 
over  them,  and  send  each  year  a  report  to  the  bishop  con- 
cerning their  conduct. 

If  the  parish  is  so  large  that  even  the  appointment  of 
assistants  does  not  properly  provide  for  the  spiritual  welfare 
of  the  people,  the  bishop  has  the  right  to  divide  the  parish, 
according  to  Canon  1427.  (Canon  476.) 

322.  Parochial  vicars  and  assistants,  of  which  Canons 
472-476  treat,  may  be  removed  at  will  by  the  bishop  or  the 
vicar  capitular,  the  vicar  general  can  remove  them  only  by 
special  mandate  of  the  bishop;  Religious  either  by  the  bishop 
or  the  superior  of  the  Order,  according  to  Canon  454,  §  5. 

If  a  benefice  is  connected  with  the  assistant's  position, 
he  can  be  removed  by  canonical  trial,  not  only  for  reasons 
on  account  of  which  a  pastor  can  be  removed,  but  also  for 
grievous  disobedience  to  the  pastor  in  the  due  exercise  of  his 
duties.  (Canon  477.) 

323.  The  pastor  of  the  cathedral  church  precedes  all 
other  pastors  in  rank,  the  parochial  vicar  of  the  cathedral 
Chapter  precedes  all  other  parochial  vicars.     (Canon  478.) 

CHAPTER  XI. 
Rectors  of  Churches. 

324.  By  the  name  of  "Rectors  of  churches"  are  meant 
here  those  priests  who  have  charge  of  a  church  that  is  neither 
parochial  nor  capitular,  nor  annexed  to  a  religious  commun- 
ity, which  holds  services  in  that  church. 


84  THE  NEW  CANON  LAW 

Concerning  the  chaplains  of  religious  women,  of  laical 
communities  of  men,  of  confraternities,  and  other  legitimate 
associations,  the  laws  of  particular  Canons  shall  be  observed. 
(Canon  479.) 

325.  The  rectors  of  churches  are  freely  appointed  by 
the  Ordinary,  except  in  places  where  certain  individuals  have 
the  right  to  elect  or  present  the  candidate;  the  approval  in 
that  case  belongs  to  the  bishop. 

Even  if  the  church  belongs  to  an  exempt  Order  the  rec- 
tor nominated  by  the  superior  must  be  referred  to  the  bishop 
for  approval. 

If  the  church  is  connected  with  a  seminary  or  college 
conducted  by  the  clergy,  the  superior  of  the  seminary  or 
college  is  at  the  same  time  rector  of  the  church,  unless  the 
local  Ordinary  directs  otherwise.  (Canon  480.) 

326.  In  the  church  committed  to  him  the  rector  cannot 
hold  parochial  functions.     (Canon  481.) 

327.  The  rector  of  a  church  can  celebrate  the  Divine 
services  also  solemnly,  observing,  however,  the  laws  of  foun- 
dation, i.  e.,  such  regulations  as  were  made  or  approved  of  by 
the  bishop  when  the  church  was  built  by  individual  benefac- 
tors, and  provided  that  the  holding  of  solemn  services  in  the 
church  does  not  injure  the  parish  church.    The  bishop  is  the 
judge  in  these  matters.     (Canon  482.) 

328.  If  the  non-parochial  church  is  so  far  away  from 
the  parish  church  that  the  parishioners  who  live  near  that 
chapel  could  not  be  expected  to  go  to  the  parish  church  for 
Divine  service,  the  bishop  may  command  the  rector,  even 
under  grave  penalties,  to  have  Divine  services  at  hours  con- 
venient for  the  people,  to  announce  the  feasts  and  fast  days, 
give  catechetical  instruction,   and  explanation  of  the  holy 
Gospel.    The  pastor  has  the  right  to  take  Holy  Communion 
to  the  sick  from  such  church,  if  the  bishop  has  allowed  that 
the  Blessed  Sacrament  be  kept  there.     (Canon  483.) 

329.  Without  the  permission  of  the  rector,   or  other 
legitimate  superior,  no  priest  is  allowed  to  say  Holy  Mass, 
or  administer  the  Sacraments,  or  hold  any  functions,  in  that 
church.     (Canon  484.) 

330.  The  rector  must  take  proper  care  of  the  church. 
(Canon  485.) 


THE  RELIGIOUS  85 

331.  Rectors  of  any  kind  are  removable  at  will  by  the 
bishop.    (Canon  486.) 

PART  II. 

THE  RELIGIOUS. 

332.  The  Religious  State,  by  which  is  meant  a  perma- 
nent community  life,  in  which  the  faithful  besides  observing 
the  common  precepts,  oblige  themselves  to  the  observance 
of  the  evangelical  counsels  by  the  vows  of  obedience,  chas- 
tity and  poverty,  should  be  held  in  honor  by  all.     (Canon 
487.) 

333.  The  meaning  of  the  various  terms  used  in  the  law 
for  the  religious  is  defined  as  follows:  (Canon  488) 

1.  Religio  means  a  society,  approved  by  legitimate,  ec- 
clesiastical   authority,    whose    members    strive    after    evan- 
gelical perfection  by  living  according  to  the   special  laws 
governing  the  society  and  by  taking  public  vows,  either  per- 
petual or  temporary,  to  be  renewed,  if  temporary,  when  the 
time  of  the  vows  expires. 

2.  Ordo    denotes    a    religious    organization    in    which 
solemn  vows  are  taken ;  Congregatio  monastica  is  a  combina- 
tion of  several  independent  monasteries  of  monks  under  one 
superior;  Religio  exempta  means  a  religious  organization,  of 
either  solemn  or  simple  vows,  that  has  been  withdrawn  from 
the  jurisdiction  of  the  Ordinary  of  the  diocese;  Congregatio 
religiosa,  or  simply  Congregatio,  signifies  a  religious  body  in 
which  only  simple  vows  are  taken,  which  vows  may  be  either 
perpetual  or  temporary. 

3.  Religio   juris  pontificii   is    a    religious    organization 
which  has  received  from  the  Holy  See  either  approval  or  at 
least  the  decretum  laudis;  Religio  juris  diocesani  is  a  religious 
organization  wfyich  has  been  instituted  by  the  Ordinary  and 
has  not  yet  obtained  the  decretum  laudis  from  the  Holy  See. 

4.  Religio    clericalis    means    a    religious    organization 
whose  members   are  mostly  priests;  otherwise  it  is  called 
religio  laicalis. 

5.  Domus  religiosa  signifies  the  residence  of  any  reli- 
gious organization;  Domus  regularis  is  the  house  of  an  Or- 
der; domus  formata  means  a  religious  house  in  which  reside 


86  THE  NEW  CANON  LAW 

at  least  six  professed  members,  of  whom,  if  there  is  question 
of  a  clerical  religious  organization,  four  at  least  must  be 
priests. 

6.  Provincia  is  a  combination  of  several  houses  of  reli- 
gious under  one  superior,  constituting  a  part  of  the  Religious 
Order  or  congregation. 

7.  Religiosi  are   those  who  have  taken   vows   in   any 
religious  community;  Religiosi  votorum  simplicium  are  those 
who  have  taken  vows  in  a  religious  Congregation;  Regulares 
are  the  professed  members  of  an  Order;  Sorores  are  religious 
women  who  have  taken  simple  vows;  Moniales  are  religious 
women  with  solemn  vows,  unless  either  by  the  very  nature  or 
the  context  of  the  Canons  their  meaning  is  to  be  taken  other- 
wise.    There  are  also  nuns  whose  vows  are  by  their  rule 
solemn,  but  who  have  for  certain  countries  been  declared 
simple  by  order  of  the  Holy  See. 

8.  Superior es  major es  are  the  Abbas  primas,  abbots  who 
are  superiors  of  monastic  congregations,  abbots  of  indepen- 
dent monasteries  though  belonging  to  some  monastic  con- 
gregation, the  Generals  or  highest  heads  of  any  religious  or- 
ganization, the  provincial  superiors  and  their  vicars,  and  all 
others  who  have  the  same  jurisdiction  as  Provincials. 

334.  The   Rules   and  particular  constitutions   of  indi- 
vidual religious  organizations  which  are  not  contrary  to  the 
Canons  of  the  Code  remain  in  force.     Those  rules  and  sta- 
tutes that  are  opposed  to  the  Canons  are  hereby  abolished. 
(Canon  489.) 

335.  The  laws  of  the  Canons  for  the  religious  when 
speaking  in  the  masculine  gender,  religiosus,  religiosi,  apply 
in  the  same  manner  to  religious  women,  except  the  context 
or  the  nature  of  the  law  prove  the  contrary.     (Canon  490.) 

336.  The  order  of  precedence   is  as   follows :   the   re- 
ligious  precede   lay  people,    clerical  organizations   precede 
laical,  canons  regular  precede  monks,  monks  precede  other 
regulars,  regulars  precede  religious  congregations,  congre- 
gations   of    papal    law    precede    diocesan    congregations. 
Among  religious  bodies  of  the  same  kind  in  the  same  town 
or  city  precedence  is  regulated  according  to  the  priority  of 
residence  in  the  place. 

The   secular   clergy  precedes   both   laical   and   clerical 


RELIGIOUS  ORGANIZATIONS  87 

religious  bodies  outside  the  churches  of  these  bodies,  and 
even  in  their  churches  if  they  are  laical  organizations.  The 
cathedral  or  collegiate  Chapter  precedes  the  religious  every- 
where. (Canon  491.) 

TITLE  IX. 

Erection  and  Suppression  of  a  Religious  Organization,  of  a 
Province,  or  a  House. 

337.  Bishops,  and  not  the  vicar  capitular  or  the  vicar 
general,    can    establish    religious    congregations.      They    shall 
not  establish  them,  nor  allow  their  foundation,  without  first 
consulting  the  Holy  See.     If  there  is  question  of  Tertiaries 
living  in  community,  it  is  required,  moreover,  that  the  su- 
preme head  of  the  first  Order  aggregate  them  to  his  Order. 

A  diocesan  religious  congregation  remains  diocesan 
even  though  it  has  in  the  course  of  time  spread  to  several 
dioceses,  and  it  stays  under  the  absolute  jurisdiction  of  the 
bishops  until  it  has  obtained  from  the  Holy  See  approval  or, 
at  least,  the  decrctum  laudis. 

The  name  and  religious  habit  of  an  established  Order  or 
congregation  cannot  be  assumed  by  those  not  lawfully  be- 
longing to  that  body  nor  by  a  new  organization.  (Canon 
492.) 

338.  Any  religious  body,   even  a  diocesan   congrega- 
tion, which  has  been  legally  established  cannot  be  dissolved, 
even  though  it  should  consist  only  of  one  house,  except  by 
authority  of  the  Holy  See,  to  which  is  also  reserved  the  dis- 
position of  the  goods  of  the  congregation,  saving  the  legiti- 
mate will  and  intention  of  the  donors.     (Canon  493.) 

339.  To  the  Holy  See  it  belongs  to  divide  congrega- 
tions of  papal  law  into  provinces,  to  join  provinces  that  have 
been  established,  or  to  change  their  circumscription,  to  es- 
tablish new  ones  and  suppress  others,  to  separate  indepen- 
dent monasteries  from  some  one  monastic  congregation  and 
unite  them  to  another. 

Concerning  the  goods  of  a  province  that  has  been 
abolished,  the  General  Chapter,  or,  outside  the  Chapter,  the 
Superior  General  with  his  council,  has  the  right  to  dispose, 
unless  the  constitutions  provide  otherwise;  the  laws  of  jus- 


88  THE  NEW  CANON  LAW 

tice  and  the  will  of  founders  must  be  safeguarded.     (Canon 
494.) 

340.  A  diocesan  congregation  cannot  establish  a  house 
in   another  diocese   except   with   the   consent   of  both    the 
bishop  of  the  diocese  where  its  principal  house  is  situated, 
and  the  bishop  of  the  diocese  to  which  it  wishes  to  go.    The 
bishop  of  the  principal  house  should  not  deny  permission 
without  serious  reasons. 

If  a  diocesan  congregation  has  already  spread  to  other 
dioceses,  changes  in  the  laws  of  that  congregation  cannot  be 
made  except  with  the  consent  of  each  and  every  bishop  of 
the  dioceses  in  which  it  has  a  house.  What  the  Holy  See 
ordained  at  the  time  the  bishop  consulted  the  same  about 
the  founding  of  a  congregation,  as  prescribed  in  Canon  492, 
§  1,  cannot  be  changed  by  bishops.  (Canon  495.) 

341.  No  religious  house  shall  be  established  unless  it 
can  be  prudently  judged  that  the  community  will  be  able  to 
properly  support  itself,  either  by  fixed  income,  or  the  usual 
alms,  or  by  other  means.    (Canon  496.) 

342.  For  the  erection  of  a  house  of  an  exempt  Order 
or  congregation,  whether  it  be  a  domus  formata  or  non  for- 
mata  (cf.  Canon  488,   §  5),  for  a  monastery  of  nuns  with 
solemn  vows,  and  for  any  religious  house  in  countries  sub- 
ject to  the  Propaganda,  the  beneplacitum  of  the  Holy  See  is 
required,  together  with  the  written  consent  of  the  local  Or- 
dinary.    For  all  other  cases  the  consent  of  the  Ordinary 
suffices. 

The  permission  to  establish  a  house  given  to  a  clerical 
religious  organization  carries  with  it  the  right  to  have  a 
church  or  public  oratory,  and  to  perform  therein  the  sacred 
functions  according  to  the  rules  of  the  law;  and  for  all 
religious  to  exercise  the  pious  works  proper  to  each,  observ- 
ing the  conditions  under  which  the  permission  was  granted. 
When  religious  intend  to  build  a  church  the  bishop's  ap- 
proval of  the  location  must  be  sought,  according  to  Canon 
1162,  §4. 

For  the  building  and  opening  of  schools,  hospices,  or 
other  houses  separate  from  the  religious  house,  exempt  or 
non-exempt,  the  written  permission  of  the  bishop  is  required,  and 
not  that  of  the  Holy  See. 


SUPERIORS  AND  CHAPTERS         89 

In  order  to  convert  a  religious  house  to  other  purposes, 
the  same  formalities  are  required  as  for  a  new  foundation; 
it  is  not  considered  a  change  to  other  purposes,  if  there  is 
question  of  changing  it  for  purposes  belonging  to  the  in- 
ternal regime  and  discipline,  e.  g.,  to  use  a  house,  or  build  a 
new  house,  of  studies  for  the  religious  themselves.  If,  how- 
ever, contrary  agreements  between  the  bishop  and  the  pro- 
vincial were  made  at  the  time  of  entering  into  the  place, 
these  must  be  adhered  to.  (Canon  497.) 

343.  A   religious  house,   whether  a   domus  formata   or 
non  formata,  belonging  to  an  exempt  Order  can  be  sup- 
pressed only  by  permission  of  the  Holy  See;  if  it  belongs  to 
a  non-exempt  congregation  of  papal  law  it  can  be  suppressed 
by  the  General  with  the  consent  of  the  local  Ordinary;  if  it 
is  a  house  of  a  diocesan  congregation,  it  can  be  suppressed 
by  the  sole  authority  of  the  bishop  after  having  given  hear- 
ing to  the  head  of  the  congregation,  and  then  the  congrega- 
tion has  the  right  of  appeal  to  the  Holy  See  in  suspensive, 
that  is  to  say,  the  community  or  house  cannot  be  disturbed 
before  Rome  has  decided.     If  the  congregation  has  but  one 
house,  Canon  493  provides,    (Canon  498.) 

TITLE  X. 
The  Government  of  Religious  Organizations. 

CHAPTER  I. 

Superiors  and  Chapters. 

344.  All  religious  are  subject  to  the  Roman  Pontiff  as 
their  highest  superior,  whom  they  are  bound  to  obey  also 
in  virtue  of  the  vow  of  obedience. 

The  Cardinal  Protector  of  the  individual  Orders  has  no 
jurisdiction  over  the  Order  or  over  the  individual  members, 
unless  the  contrary  has  been  ordained  for  particular  circum- 
stances, nor  can  he  interfere  in  the  internal  discipline  and 
the  administration  of  property,  it  being  his  office  only  to 
promote  the  good  of  the  Order  by  his  advice  and  patronage. 
(Canon  499.) 

345.  The  religious  are  subject  also  to  the  local  Ordi- 
nary, with  the  exception  of  those  who  have  obtained  from 


90  THE  NEW  CANON  LAW 

the  Holy  See  the  privilege  of  exemption;  but  eve"A  these  are 
in  some  things  subject  to  him,  as  the  Canons  specify  in 
various  places. 

Nuns  with  solemn  vows,  who  by  their  constitutions  are 
under  the  jurisdiction  of  the  regular  superiors,  are  subject  to 
the  local  Ordinary  in  those  cases  only  which  are  specified 
in  law. 

No  Order  of  men  can  without  a  special  papal  indult  have 
under  its  jurisdiction  religious  congregations  of  women,  or 
claim  a  special  right  to  care  for  and  direct  the  members  of 
such  congregations.  (Canon  500.) 

346.  The  superiors  and  the  Chapter  have  governing 
power  over  their  subjects,  according  to  the  constitutions  and 
the  common  law;  in  clerial,  exempt,  Religious  Orders  they 
have  ecclesiastical  jurisdiction  for  the  internal  as  well  as  for 
the  external  forum. 

All  superiors  are  strictly  forbidden  to  interfere  in  cases 
belonging  to  the  Holy  Office. 

The  Abbot  Primas  and  the  superior  of  a  monastic  con- 
gregation have  not  all  the  power  and  jurisdiction  which  the 
common  law  gives  to  major  superiors;  their  power  and  juris- 
diction must  be  gathered  from  the  proper  constitutions  and 
the  special  laws  of  the  Holy  See.  Canons  655  and  1594,  §  4, 
are  to  be  observed.  Canon  655  refers  to  the  dismissal  of  a 
solemn  professed  religious  or  one  with  perpetual  simple 
vows,  which  case  is  to  be  judged  by  the  Abbot  Superior  of  a 
monastic  congregation,  and  Canon  1594,  §  4,  states  that  the 
Abbot  Superior  of  a  monastic  congregation  is  the  judge 
of  the  second  instance  for  cases  tried  by  the  Abbot.  (Canon 
501.) 

347.  The  highest  superior  of  a  religious  organization 
obtains  power  over  all  provinces,  houses,  and  the  individual 
religious,   to  be   exercised   according  to   the   constitutions; 
other  superiors  have  that  power  within  the  limits  of  their 
office.     (Canon  502.) 

348.  The  major  superiors  in  clerical  exempt  Orders  can 
constitute  notaries  for  the  ecclesiastical  affairs  of  their  Order 
only.    (Canon  503.) 

349.  Unless  the  proper  constitutions  of  individual  re- 
ligious bodies  demand  a  more  advanced  age,  and  other  more 


SUPERIORS  AND  CHAPTERS  91 

difficult  conditions,  those  are  inhabilitated  for  the  office  of  a 
major  superior  who  are  not  at  least  ten  years  professed,  the 
years  to  be  counted  from  the  first  profession;  not  born  of 
legitimate  wedlock;  and  for  the  office  of  the  highest  superior 
of  a  religious  body,  or  for  abbess  in  monasteries  of  nuns  with 
solemn  vows,  those  under  forty  years  of  age ;  thirty  years  of 
age  are  the  minimum  required  for  other  major  superiors. 
(Canon  504.) 

350.  The  major  superiors  are  to  be  temporary,  unless 
the  constitutions  demand  otherwise;  minor  local  superiors, 
however,  must  not  be  appointed  to  office  for  more  than  three 
years.    After  that  term  they  may  be  appointed  for  a  second 
term,  not,  however,  for  a  third  term  in  the  same  religious 
house.     (Canon  505.)     It  may  be  noted  that  the  Canon  does 
not  restrict  the  regulations  for  the  terms  of  office  to  large 
houses  only,  but  speaks  of  all,  without  distinction. 

351.  Before  the  election  of  major  superiors  in  Orders 
of  men  takes  place,  each  and  every  one  of  the  Chapter  must 
take  an  oath  to  vote  for  those  only  for  whom  before  God  he 
believes  he  should  vote. 

In  monasteries  of  nuns  with  solemn  vows,  if  they  are 
subject  to  the  bishop,  he  or  his  delegate,  with  two  priests 
who  act  as  tellers,  presides  at  the  election  of  the  abbess,  with- 
out entering  the  enclosure.  If  the  nuns  are  subject  to  the 
superiors  of  a  Religious  Order,  the  regular  superior  presides, 
in  which  case  the  bishop  must  be  notified  in  due  time  of  the 
coming  election  and  he  may,  together  with  the  religious  su- 
perior, be  present  or  send  a  delegate.  If  the  bishop  comes 
in  person,  he  presides. 

The  ordinary  confessors  of  that  monastery  should  not 
be  appointed  to  act  as  tellers. 

In  religious  congregations  of  women  the  local  Ordinary 
presides  in  the  election  of  the  Superior  General;  if  there  is 
question  of  diocesan  congregations,  he  may  at  will  confirm 
or  annul  the  election,  as  he  in  conscience  sees  fit.  (Canon 
506.) 

352.  In  elections  held  by  the  Chapter,  the  common  law, 
contained  in  Canons  160-182,  is  to  be  observed,  together  with 
the  constitutions  of  the  Order  or  congregation,  in  as  far  as 
they  are  not  contrary  to  the  Canons. 


92  THE  NEW  CANON  LAW 

All  religious  should  guard  against  procuring  votes,  di- 
rectly or  indirectly,  for  themselves  or  for  others. 

The  election  by  postulatio  can  be  admitted  only  in  extra- 
ordinary cases,  and  only  when  not  forbidden  by  the  consti- 
tutions. (Canon  507.) 

353.  The    superiors    shall    reside    in    their    respective 
houses  and  not  leave  them,  except  according  to  the  rules  of 
the  constitutions.     (Canon  508.) 

354.  Every  superior  must  promote  among  his  subjects 
the  knowledge  and  execution  of  the  decrees  of  the  Holy  See 
for  the  religious. 

The  local  superiors  shall  take  care  (1)  that  once  a  year, 
on  the  prescribed  days,  the  constitutions  of  the  Order  or  con- 
gregation are  read  publicly,  as  also  the  decrees  which  the 
Holy  See  ordered  to  be  read  before  the  whole  community; 
(2)  that  at  least  twice  a  month  an  instruction  on  Christian 
doctrine  is  given  to  the  lay  brothers  and  servants,  accommo- 
dated to  the  needs  of  their  condition  of  life,  and  that,  es- 
pecially in  laical  organizations,  pious  exhortations  are  ad- 
dressed to  all  the  members.  (Canon  509.) 

355.  Every  five  years,  or  more  frequently  if  the  consti- 
tutions so  demand,  a  report  must  be  sent  to  the  Holy  See  by 
the  Abbot  Primas,  by  the  superior  of  a  monastic  congrega- 
tion, and  by  the  supreme  head  of  any  religious  organization 
of  papal  law,  concerning  the  state  of  the  organization,  signed 
by  the  General  and  his  council,  and,  in  case  of  a  congregation 
of  religious  women,  also  by  the  bishop  of  the  place  where  the 
Superior  General  and  her  council  reside.     (Canon  510.) 

356.  The  major  superiors  on  whom  the  constitutions 
put  the  obligation  of  visiting  at  stated  times  all  the  houses 
subject  to  them,  must  attend  to  this  duty  personally  if  they 
can,  or  otherwise  through  delegates.     (Canon  511.) 

357.  The  local  Ordinary  must,  either  himself  or  through 
another,  visit  every  five  years : 

1.  Each  monastery  of  nuns  with  solemn  vows  which  is 
subject  to  him  or  immediately  subject  to  the  Holy  See. 

2.  Each  house  of  the  diocesan  congregations  of  both 
men  and  women. 

He  must  within  the  same  time  also  visit : 

1.     The  monasteries  of  nuns  with  solemn  vows  subject 


SUPERIORS  AND  CHAPTERS         93 

to  the  regulars,  to  inquire  about  the  observance  of  the  law 
of  enclosure;  and  also  concerning  the  rest  of  the  religious 
life  if  the  regular  superior  did  not  hold  any  visitation  within 
the  last  five  years. 

2.  Each  house  of  clerical  congregations  of  papal  law, 
even  those  enjoying  exemption,  the  visitation  to  extend  only 
to  the  church,  sacristy,  public  oratory,  and  places  where  con- 
fessions are  heard. 

3.  Each  house  of  laical  congregations  of  papal  law,  the 
visitation  to  embrace  not  only  those  points  mentioned  in  the 
preceding  number,  but  also  all  other  affairs  concerning  in- 
ternal discipline.     Canon  618  provides,  however,  that  these 
congregations  are  not  subject  to  visitation  in  regard  to  the 
economical  affairs  of  the  community. 

The  administration  of  goods  and  property  shall  be  con- 
ducted according  to  Canons  532-535.  (Canon  512.) 

358.  The  visitor  has  the  right  and  duty  to  ask  any  of 
the  religious,  whom  he  thinks  according  to  his  own  judgment 
that  he  should  ask,  to  obtain  knowledge  of  those  things  that 
are  within  the  scope  of  the  visitation.    All  religious  have  the 
duty  to  answer  truthfully,  and  superiors  are  not  allowed  to 
dissuade  them  from  this  obligation,  or  in  any  other  way  to 
frustrate  the  purpose  of  the  visitation. 

From  the  decrees  of  the  visitor  there  is  allowed  an  ap- 
peal in  devolutivo  only,  which  means  that  the  orders  have  to 
be  obeyed  in  the  meantime;  if  the  visitor  proceeds  by  way  of 
a  canonical  trial,  there  is  open  an  appeal  in  suspensivo,  which 
suspends  the  orders  of  the  judge.  (Canon  513.) 

359.  In  all  clerical  religious  communities  the  superior 
has  the  right  and  the  duty,  either  in  person  or  by  another,  to 
administer  the  Viaticum  and  Extreme  Unction  to  the  pro- 
fessed, the  novices,  and  to  others  who  live  day  and  night  in 
the  religious  house,  either  as  servants  or  for  the  purpose  of 
education,  or  as  guests  or  convalescents. 

In  the  house  of  nuns  with  solemn  vows  the  ordinary  con- 
fessor, or  the  one  who  takes  his  place,  has  the  same  right. 

In  other  lay  congregations  and  Orders  this  right  and 
duty  belongs  to  the  pastor,  or  to  the  chaplain  to  whom  the 
Ordinary  has  given  full  parochial  powers,  according  to 
Canon  464,  §  2. 

Concerning   funerals   of   religious:    From   the   various 


94  THE  NEW  CANON  LAW 

Canons  dealing  with  this  question  the  general  rule  can  be 
deducted  that  he  who  has  the  right  to  minister  the  last  Sacra- 
ments, also  has  the  right  to  bury  those  to  whom  he  minis- 
tered the  last  rites  (cf.  Canons  1221  and  1230,  §  5).  (Canon 
514.) 

360.  Merely  honorary  titles  of  dignities  and  offices  are 
forbidden;  but  if  the  constitutions  allow  it,  titles  of  major 
offices  which  a  religious  has  actually  held  in  his  own  Order 
are  tolerated.    (Canon  515.) 

361.  The  supreme  superior  of  a  religious  organization 
or  of  a  monastic  congregation,  and  the  superior  of  a  domus 
formata,  must  have  their  council,   the   consent   or   advice   of 
which  they  need  in  various  affairs,  according  to  the  regula- 
tions of  the  constitutions  and  the  common  law. 

There  should  also  be  economi  or  procurators  for  the  ad- 
ministration of  the  temporal  goods :  an  economus  gencralis 
who  has  charge  of  the  administration  of  goods  for  the  entire 
Order  or  Congregation,  a  provincial  economus  for  the  pro- 
vince, a  local  economus  for  each  individual  house;  all  these 
shall  exercise  their  office  under  the  direction  of  the  respec- 
tive superior. 

The  General  and  the  Provincial  are  not  allowed  to  have 
the  office  of  economus;  the  office  of  the  economus  can  be  com- 
bined with  that  of  local  superior,  if  necessity  demands,  but  it 
is  preferable  to  have  a  separate  official  for  the  administration. 

If  the  constitutions  are  silent  about  the  manner  of  elect- 
ing the  economus,  the  major  superior  and  his  council  may 
elect  him.  (Canon  499.) 

362.  Every  religious  organization  of  men  approved  by 
the  Holy  See  shall  have  a  procurator-general  who  is  to  be 
designated  according  to  the  constitution.     His  office  is  to 
transact  affairs  of  his  Order  with  the  Holy  See. 

He  shall  not  be  removed  before,  according  to  the  consti- 
tutions, the  term  of  his  office  expires,  without  consulting  the 
Holy  See.  (Canon  517.) 

CHAPTER  II. 
Confessors  and  Chaplains. 

363.  In  every  clerical  Order  or  congregation  there  shall 
be  appointed  for  each  house  several,  lawfully  approved,  con- 


CONFESSORS  AND  CHAPLAINS  95 

fessors,  in  proportion  to  the  number  of  religious,  with  the 
faculty,  if  there  is  question  of  exempt  religious,  to  absolve 
the  religious  also  from  the  reserved  cases  of  the  Order. 

Religious  superiors  who  have  the  power  to  hear  con- 
fessions may,  provided  they  observe  the  laws,  hear  the  con- 
fessions of  those  of  their  subjects  who  of  their  own  free  will 
ask  to  be  heard,  but  without  a  grave  reason  this  should  not 
be  done  habitually. 

The  superiors  must  beware  of  inducing,  either  by 
themselves  or  through  others,  any  of  their  subjects  by  force 
or  fear,  or  by  importune  urging,  or  in  any  other  way,  to  come 
to  them  for  confession.  (Canon  516.) 

364.  The  regulations  of  constitutions  to  the  effect  that 
the  religious  are  to  make  their  confession  at  stated  times,  to 
certain  specified  confessors,  remain  in  force.     However,  if  a 
religious,  even  of  an  exempt  Order,  for  the  peace  of  his  con- 
science makes  his  confession  to  a  priest  approved  by  the 
bishop  of  the  diocese  where  the  confession  is  made,  even 
though  such  priest  be  not  appointed  by  the  superior  of  the 
Order  for  the  confessions  of  religious,  the  confession  is  valid 
and  licit.     All  contrary  privileges  of  Orders,  by  which  their 
subjects  could  not  validly  confess  to  a  priest  not  approved  for 
their  confessions  by  the  Order,  are  hereby  revoked.     The 
priest  thus  chosen  by  a  religious  for  his  confession  can  ab- 
solve the  penitent  also  from  sins  and  censures  reserved  in 
the  Order.     (Canon  519.) 

365.  In  each  house  of  religious  women  there  should  be 
appointed  only  one  confessor  for  the  whole  community,  un- 
less on  account  of  the  large  number  of  religious,  or  for  any 
other  just  cause,  two  or  more  are  deemed  necessary. 

If  any  sister,  for  peace  of  soul  or  greater  progress  in 
spiritual  life,  ask  for  a  special  confessor  or  director,  the  Or- 
dinary should  readily  grant  the  request,  but  he  should  watch 
that  no  misuse  is  made  of  this  concession.  If  abuses  creep 
in,  the  bishop  shall  eliminate  them,  saving  the  liberty  of  con- 
science. (Canon  520.) 

366.  Each  community  of  women  shall  have  an  extra- 
ordinary confessor  who  shall  go  to  the  convent  four  times  a 
year,  on  which  occasions  all  the  sisters  shall  go  to  him,  at 
least  to  receive  his  blessing. 


96  THE  NEW  CANON  LAW 

The  local  Ordinaries  shall  appoint  several  priests  in  the 
vicinity  of  each  convent  who  may  be  called  to  hear  the  con- 
fessions of  sisters  in  particular  cases,  without  being  required 
to  get  the  faculties  each  time. 

If  a  sister  asks  for  any  of  these  priests,  no  superioress 
is  allowed,  either  by  herself  or  through  another,  either  di- 
rectly or  indirectly,  to  inquire  for  the  reason,  nor  to  refuse 
the  request  in  words  or  actions,  or  to  show  dislike  in  any  way. 
(Canon  521.) 

367.  If,   notwithstanding  the   concessions  of  the  two 
foregoing  Canons,  a  sister  goes  for  her  peace  of  conscience 
to  any  confessor  approved  by  the  local  Ordinary,  in  any 
church,  public  or  semi-public  oratory,  the  confession  is  licit 
and  valid.    Any  privilege  to  the  contrary  of  Orders  and  con- 
gregations is  revoked.     The  superioress  cannot  forbid  the 
sisters  to  go  to  confession  outside  the  convent  nor  is  she  al- 
lowed to  inquire  about  it,  nor  are  the  sisters  obliged  to  tell 
her.     (Canon  522.) 

368.  Whenever  a  sister  is  seriously  ill,  even  though 
there  be  no  danger  of  death,  the  sick  sister  may  call  any  ap- 
proved priest  of  the  diocese  to  confess  to  him,  even  if  he  is 
not  one  of  the  particular  confessors  appointed  by  the  bishop, 
according  to  Canon  521,  §  2.    During  illness  sisters  may  con- 
fess to  such  a  priest  as  often  as  they  desire  and  the  superi- 
oress cannot,  either  directly  or  indirectly,  forbid  it.     (Canon 
523.)   It  may  be  noted  here  that  in  the  various  Canons  speak- 
ing of  a  confessor  to  whom  sisters  may  confess  outside  the 
convent,  the  Code  says  that  they  should  be  "approbati  pro 
mulierum  confessionibus,"  which  we  have  translated  as  "ap- 
proved for  confessions,"  because  it  is  not  the  custom  in  the 
United  States  to  approve  a  priest  for  confessions  of  men 
only,  whereas  in  some  other  countries  such  a  limited  ap- 
proval is  at  times  given.     Canon  876  declares,  however,  that 
special  approval  is  necessary  to  validly  hear  the  confessions 
of  sisters  in  their  own  convents.     From  this  rule  Canon  523 
allows  an  exception  for  cases  of  sickness. 

369.  The  bishop  should  appoint  for  each  community  of 
women  an  ordinary  and  an  extraordinary  confessor  from  the 
secular  clergy,  or  also  from  the  religious  with  the  permission 
of  their  superior.    The  confessor  should  be  a  priest  who  has 


CONFESSORS  AND  CHAPLAINS  97 

no  jurisdiction  in  the  external  forum  over  the  sisters,  and  he 
should  be  forty  years  of  age  or  over  unless  the  bishop  for 
good  reasons  dispenses  with  the  requirement  of  age. 

The  ordinary  confessor  cannot  be  made  the  extraordi- 
nary confessor,  nor  can  he  be  again  appointed  as  ordinary 
except  after  at  least  one  year  from  the  expiration  of  his  term, 
with  the  exception  mentioned  in  Canon  526;  the  extraordi- 
nary confessor  can  immediately  when  his  term  as  extraordi- 
nary expires  be  made  the  ordinary  confessor. 

The  ordinary  and  extraordinary  confessors  of  religious 
women  should  not  in  any  way  interfere  in  the  internal  or  ex- 
ternal government  of  the  community.  (Canon  524.) 

370.  If  a  house  of  religious  women  is  under  the  imme- 
diate jurisdiction  of  the  local  Ordinary,  the  latter  chooses 
both  the  ordinary  and  extraordinary  confessors.    If  the  house 
be  subject  to  a  regular  superior,  he  presents  the  confessors  to 
the  Ordinary  who  alone  can  approve  them,  and  in  case  this 
superior  neglects  to  present  confessors,  the  bishop  chooses 
them  himself.    (Canon  525.) 

371.  The  ordinary  confessor  should  not  exercise  his 
office  for  more  than  three  years.    The  bishop  may,  however, 
reappoint  him  for  a  second  and  third  term  if  on  account  of 
scarcity  of  priests  for  this  work  he  cannot  easily  appoint  new 
ones,  or  when  the  majority  of  the  sisters,  by  secret  vote  in 
which  every  sister  has  a  right  to  cast  a  ballot,  express  the 
wish  to  retain  the  confessor.    Those  sisters  who  dissent  must 
be  allowed  to  go  to  another  confessor.     (Canon  526.) 

372.  The  local  Ordinary  may,  for  a  grave  reason,  remove 
both  the  ordinary   and  extraordinary   confessor,   even   if   the 
convent   is   subject  to  a   regular   superior  and  the  confessor 
be   a   regular,    nor    is    the   bishop    bound   to    give   any    rea- 
son for  the  removal  except  to  the  Holy  See  when  requested. 
He  must,  however,  notify  the  regular  superior,  if  the  sisters 
are  subject  to  him.    (Canon  527.) 

373.  In  houses  of  laical  religious  Orders  or  congrega- 
tions of  men,  extraordinary  and  ordinary  confessors  should 
likewise  be  appointed  according  to  the  rules  of  Canons  874, 
§  1,  and  875,  §  2.    If  a  religious  asks  for  a  special  confessor, 
the  superior  shall  not  inquire  for  the  reason,  nor  show  dis- 
like for  the  request.    (Canon  528.) 


98  THE  NEW  CANON  LAW 

374.  If  there  is  question  of  laical  non-exempt  religious, 
the  local  Ordinary  has  the  right  to  designate  the  priest  for 
the  sacred  ministry  and  for  the  preaching  to  the  community; 
if  they  are  exempt,  the  regular  superior  designates  this  priest. 
In  default  of  the  superior  to  designate  a  priest,  the  Ordinary 
supplies.    (Canon  529.) 

375.  Religious  superiors  are  strictly  forbidden  to  induce 
their  subjects  in  any  way  to  manifest  their  state  of  conscience 
to  them. 

The  subjects,  however,  are  not  forbidden  to  manifest  of 
their  own  free  will  and  choice  their  conscience  to  the  su- 
periors. On  the  contrary,  it  is  proper  that  they  should  ap- 
proach their  superiors  with  filial  confidence,  and  if  they  are 
priests,  to  reveal  to  them  any  doubts  and  anxieties  of  their 
conscience.  (Canon  530.) 

CHAPTER  III. 
Temporal  Goods  and  Their  Administration. 

376.  Not  only  the  Order  or  congregation,  but  also  the 
province  and  the  individual  house,  are  capable  of  acquiring 
and  possessing  temporal  goods,  together  with  fixed  revenues 
and  endowments,   unless  such  capacity  is   excluded  or  re- 
stricted by  their  Rule  or  Constitutions.     (Canon  531.) 

377.  The  goods  of  the  Order,  of  the  province  and  indi- 
vidual houses,  are  to  be  administrated  according  to  the  con- 
stitutions. 

Expenditures  and  legal  acts  of  ordinary  administration 
can  be  validly  made  by  the  superior,  and  also  within  the 
limits  of  their  office  by  the  officials  designated  for  this  pur- 
pose by  the  constitutions.  (Canon  532.) 

378.  For  the  investment  of  money  the  previous  consent 
of  the  bishop,  besides  compliance  with  the  regulations  of  the 
constitutions,  is  required  in  the  following  cases : 

1.  The  superioress  of  nuns  of  solemn  vows  and  of  dio- 
cesan congregations  needs  this  consent  for  any  investment  of 
money;  if  the  monastery  of  solemn  professed  nuns  is  subject 
to  a  regular  superior,  also  his  consent  is  required. 

2.  The  superioress  in  a  congregation  of  papal  law,  if 


TEMPORAL  GOODS  AND  THEIR  ADMINISTRATION   99 

the  money  to  be  invested  constitutes  the  dowry  of  professed 
sisters,  according  to  Canon  549. 

3.  The  superior,  or  superioress,  of  any  religious  con- 
gregation, if  real  estate  has  been  donated  or  given  by  last 
will  to  the  religious  house  for  the  purpose  of  Divine  worship, 
or  for  works  of  charity  to  be  carried  on  in  that  place. 

4.  Any  religious,   eyen  of  an   exempt   Order,   if   the 
money  was  given  to  the  parish  or  mission,  or  to  the  religious 
on  account  of  the  parish  or  mission. 

5.  When  the  investment  is  changed  the  bishop's  con- 
sent is  likewise  required.     (Canon  533.) 

379.  When  there  is  question  of  disposing  of  objects  of 
great  value,  or  of  a  sum  of  money  exceeding  six  thousand 
dollars,  or  of  contracting  debts  and  obligations  above  the  said 
sum,  the  contract  is  invalid  unless  the  beneplacitum  of  the 
Holy  See  was  first  obtained.     In  smaller  amounts  the  per- 
mission of  the  superior,  with  the  consent  given  by  his  coun- 
cil in  secret  vote,  is  sufficient.    The  constitutions  determin- 
ing the  extent  of  power  of  the  General,  the  Provincial  and 
local  superiors,  in  sums  below  six  thousand  dollars  are  to  be 
observed.     Moreover,  in  the  case  of  religious  women  with 
solemn  vows,  and  of  diocesan  sisters,  the  written  consent  of 
the  bishop  is  demanded;  and  in  addition  the  consent  of  the 
regular  superior  is  required  by  a  house  of  nuns  of  solemn 
vows  under  his  jurisdiction. 

In  the  petition  for  consent  to  contract  debts,  or  any 
other  obligations,  there  must  be  stated  the  amount  still  ow- 
ing of  debts  and  obligations  previously  contracted  by  the 
house,  province  or  Order  for  which  respectively  permission 
is  asked,  otherwise  the  obtained  permission  is  null  and  void. 
(Canon  534.) 

380.  In  every  monastery  of  nuns  with  solemn  vows, 
even  exempt  ones,  (1)  the  superioress  shall  once  a  year,  or 
more  frequently  if  the  constitutions  so  demand,  give  an  ac- 
count to  the  bishop  of  her  administration,  and  also  to  the 
regular  superior,  if  the  house  is  subject  to  him;   (2)   if  the 
Ordinary  does  not  approve  of  the  administration,  he  may 
employ  proper  means  to  remedy  the  defect,  removing  even, 
if  necessary,  the  economus  and  other  administrators.     If  the 
house  is  subject  to  the  regular  superior,  the  bishop  shall  ad- 


100  THE  NEW  CANON  LAW 

monish  the  superior  to  remedy  the  deficiency,  and  if  he  does 
not  attend  to  it,  the  bishop  has  the  right  to  take  the  matter 
in  hand. 

In  all  other  houses  of  religious  women  an  account  must 
be  given  to  the  Ordinary  of  the  administration  of  goods  that 
constitute  the  dowry  of  the  sisters.  This  must  be  done  at 
the  visitation  of  the  Ordinary,  and  even  more  frequently  if 
the  bishop  thinks  this  necessary. 

The  Ordinary  shall  always  have  the  right  (1)  to  inquire 
into  the  financial  standing  of  the  religious  houses  of  diocesan 
sisterhoods;  (2)  to  demand  an  account  of  the  administration 
of  real  estate  and  legacies  given  to  parishes  or  for  works  of 
religion  and  charity  in  a  place.  (Canon  535.) 

381.  If  a  legal  body  (the  Order  as  such,  the  province, 
or  the  individual  house)  has  contracted  debts  and  assumed 
obligations,  even  with  the  permission  of  the  superior,  the  re- 
spective body  is  held  to  its  obligations. 

If  a  regular  has  contracted  any  liability  with  the  per- 
mission of  his  superiors,  the  community  whose  superior  gave 
the  permission  is  held;  if  a  religious  with  simple  vows  has 
contracted  any  debts  he  is  himself  liable,  except  in  case  he 
acted  for  the  community  with  the  permission  of  the  superior. 

If  a  religious  made  a  contract  without  any  permission  of 
the  superiors,  he  is  personally  responsible  and  the  Order, 
province  or  house  cannot  be  held  for  it. 

In  all  cases  the  one  who  suffered  by  the  contract  shall 
have  the  right  to  sue  for  damages. 

The  superiors  shall  take  care  not  to  permit  the  contract- 
ing of  debts  unless  it  is  certain  that  from  the  ordinary  rev- 
enue the  interest  on  the  loan  can  be  paid,  and  that  in  not  too 
long  a  time  the  mortgage  can  be  paid  off.  (Canon  536.) 

382.  Donations  from  the  goods  of  a  house,  province  or 
Order  shall  not  be  permitted,  except  by  way  of  alms  or  other 
just  cause,  with  the  permission  of  the  superior  and  in  ac- 
cordance with  the  constitutions.     (Canon  537.) 

TITLE  XI. 

Admission  Into  a  Religious  Community. 

383.  Admission  to  the  religious  life  is  open  to  any  Ca- 
tholic who  is  not  under  any  legal  impediment,  who  has  the 


POSTULATE,  NOVITIATE  101 

right  intention,  and  is  capable  to  fulfil  the  duties  of  the  re- 
ligious life.    (Canon  538.) 

CHAPTER  I. 

Postulate. 

384.  In  all  organizations  with  perpetual  vows  the  wo- 
men, and  in  Orders  of  men  the  lay-brothers,  must  stay  fully 
six  months  as  postulants  before  they  can  be  admitted  to  the 
novitiate.     In  religious  communities  with  temporary  vows, 
their  constitutions  are  to  be  observed  in  regard  to  time  and 
necessity  of  the  postulate. 

The  major  superior  may  prolong  the  time  of  the  postu- 
late for,  at  most,  another  six  months.  (Canon  539.) 

385.  The  postulate  may  be  spent  either  in  the  house  of 
novitiate  or  in  another  house  in  which  the  religious  life  is 
accurately  observed  according  to  the  constitutions  and  under 
the  special  direction  of  a  religious  of  tried  virtue. 

The  postulant  Shall  wear  plain  clothing  which  must  be 
different  from  that  of  the  novices. 

In  monasteries  of  nuns  with  solemn  vows  the  postulants 
are  held  to  the  law  of  enclosure.  (Canon  540.) 

386.  The  postulants  shall,  before  they  begin  the  novi- 
tiate, make  a  retreat  for  at  least  eight  complete  days  and, 
according  to  the  judgment  of  the  confessor,  a  general  confes- 
sion of  their  whole  life.    (Canon  541.) 

CHAPTER  II. 

Novitiate. 
Article  I.    Conditions  for  Admission. 

387.  Besides  the  regulations  of  the  foregoing  Canons 
about  the  postulate,  and  other  conditions  imposed  by  the  con- 
stitution of  each  religious  organization,  the  following  shall 
be  observed: 

I.  Admission  into  the  novitiate  is  invalid: 

1.  If  one  has  adhered  to  a  non-Catholic  sect. 

2.  If  one  has  not  the  required  age. 

3.  If  one  was  compelled  to  enter  by  grave  fear,  or  by 


102  THE  NEW  CANON  LAW 

deceit,  or  by  force,  or  if  a  superior  thus  constrained  received 
the  individual. 

4.  If  one  is  married,  for  the  duration  of  the  marriage. 

5.  If  one  actually  is,  or  has  been,  a  professed  member 
of  any  religious  body. 

6.  If  one  is  subject  to  penalty  for  grave  crime  of  which 
he  has  been,  or  may  be,  accused. 

7.  If  one  is  either  a  residential  or  titular  bishop,  though 
he  has  been  as  yet  only  designated  as  such  by  the  Pope. 

8.  If  one  is  a  cleric  who,  by  the  law  of  the  Holy  See,  is 
held  by  oath  to  serve  the  diocese  or  mission,  for  such  times 
as  the  oath  lasts.     In  countries  subject  to  the  Propaganda 
the  clerics  are  usually  ordained  under  the  explicit  promise  to 
serve  the  diocese  or  mission;  in  some  missionary  colleges  the 
clerics  take  the  oath  to  serve  the  missions  for  a  definite  num- 
ber of  years,  etc. 

II.     Illicitly  are  received: 

1.  Clerics    in    major    orders    who    enter   without    the 
knowledge  of  their  bishop,  or  against  the  will  of  the  bishop, 
who  has  the  right  to  keep  them  from  entering  if  it  would 
entail  great  harm  to  souls  and  the  bishop  cannot  in  any  way 
prevent  such  hardship.     The  Church  wants  religious  life  to 
be  of  access  to  all,  and  she  has  declared  repeatedly  that  even 
a  cleric  educated  at  the  expense  of  the  diocese  has  the  right 
to  embrace  religious  life,  unless  he  has  taken  the  oath  re- 
ferred to  above  in  seminaries  where  the  Holy  See  has  author- 
ized the  taking  of  such  an  oath.     When  in  great  need  of 
priests,  the  bishop  may  detain  a  cleric  for  a  while  but  as  soon 
as  he  is  not  needed,  he  must  be  permitted  to  take  up  the  re- 
ligious life. 

2.  Those  who  have  debts  to  pay  and  cannot  settle  the 
obligation. 

3.  Those  who  are  held  responsible  for  positions  of  trust 
or  who  are  implicated  in  any  other  secular  business,  by  rea- 
son of  which  law  suits  and  other  annoyances  may  come  to 
the  religious. 

4.  Children  whose  father,  or  mother,  grandfather  or 
grandmother,  are  in  great  want  and  in  need  of  the  help  of 


NOVITIATE  103 

this  child,  or  whose  parents  need  their  help  for  the  bringing 
up  and  education  of  younger  children. 

5.  Those  who  suffer  from  irregularity  or  any  other  im- 
pediment to  the  priesthood,  are   forbidden  to  be  admitted  as 
future  candidates  of  the  priesthood. 

6.  Catholics  of  an  Oriental  Rite  admitted  to  a  religious 
community  of  the  Latin  Rite  without  the  permission  of  the 
S.  Congregation  for  the  Oriental  Church.     (Canon  542.) 

388.  The  right  of  admitting  candidates  to  the  novitiate 
and  to  subsequent  profession,  either  temporary  or  perpetual, 
belongs  to  the  major  superiors  with  the  vote  of  the  council 
or  the  community,  according  to  the  regulations  of  the  partic- 
ular constitutions  of  each  Order  or  congregation.     (Canon 
543.) 

389.  §  1.     In  every  religious  community  the  aspirants 
without  exception  must,  before  they  are  admitted,  submit 
certificates  of  Baptism  and  Confirmation. 

§  2.  In  Orders  and  congregations  of  men  the  applicants 
must,  moreover,  get  testimonial  letters  from  the  bishop  of 
their  birthplace  as  also  from  all  other  bishops  in  whose  dio- 
ceses they  have  lived  for  more  than  one,  morally  speaking, 
continuous  year  after  their  completed  fourteenth  year  of  age. 
Any  privilege  exempting  from  this  obligation  is  hereby  re- 
voked. 

§  3.  If  there  is  question  of  admitting  those  who  have 
been  in  any  seminary  or  college,  or  in  the  postulate  or  novi- 
tiate of  another  Order  or  congregation,  the  testimonials  of 
the  rector  of  the  seminary  or  college,  after  consulting  with 
the  Ordinary,  or  of  the  major  religious  superior  are  required, 
in  addition  to  the  testimonials  spoken  of  in  the  preceding 
paragraph. 

§  4.  For  the  admission  of  clerics  there  are  required 
only  the  testimonials  of  ordination  and  of  the  bishops  in 
whose  dioceses  they  have  lived  after  ordination  for  more 
than  one  morally  continuous  year,  as  also  of  the  rector  of  the 
seminary  where  they  studied. 

§  5.  A  professed  religious  who  by  permission  of  the 
Holy  See  joins  another  Order,  needs  only  the  testimonials 
of  the  major  superior  of  the  former  Order. 


104  THE  NEW  CANON  LAW 

§  6.  In  addition  to  these  testimonials  the  major  su- 
periors who  have  the  right  to  receive  applicants  can  demand 
of  them  such  other  testimonials  as  seem  necessary  or  useful 
for  the  purpose. 

§  7.  Women  should  be  received  only  after  accurate  in- 
vestigation as  to  their  character  and  disposition.  In  case 
they  have  been  in  a  college,  etc.,  the  testimonials  decreed  by 
§  3  must  be  obtained.  (Canon  544.) 

390.  §  1.  He  who  has  to  write  the  testimonials  pre- 
scribed by  these  Canons,  shall  issue  them  within  three 
months  from  the  time  they  are  asked  for;  he  shall  not  give 
them  to  the  applicants  but  to  the  religious  superiors  and  shall 
append  his  seal.  In  case  of  seminarians,  college  students, 
and  former  postulants  or  novices  in  another  Order,  the  su- 
perior or  rector  shall  confirm  the  testimonial  by  oath. 

§  2.  If  he  of  whom  are  requested  testimonials  thinks 
that  on  account  of  serious  reasons  he  cannot  answer,  he  shall 
within  three  months  explain  the  reasons  to  the  Holy  See. 

§  3.  If  he  answers  that  the  applicant  is  not  sufficiently 
known  to  him,  the  religious  superior  shall  supply  the  testi- 
monials through  other  accurate  investigation  and  trust- 
worthy reports;  if  the  bishop,  rector  of  the  seminary,  etc., 
does  not  answer  at  all,  the  religious  superior  who  needs  the 
testimonial  shall  inform  the  Holy  See  about  the  failure  of 
receiving  an  answer. 

§  4.  The  testimonials  are  to  deal  with  the  origin,  man- 
ners, talents,  character,  reputation,  studies;  whether  the  can- 
didate is  under  irregularity  or  other  canonical  impediment, 
whether  the  parents  are  in  need  of  his  services,  and,  in  case 
of  those  who  were  in  a  novitiate  or  in  a  seminary  or  college, 
why  they  were  dismissed  or  why  they  left  of  their  own  ac- 
cord. (Canon  545.) 

391.  All  those  who  receive  the  above  mentioned  infor- 
mation are  strictly  bound  to  observe  secrecy  as  to  the  knowl- 
edge they  secured  and  from  what  persons  it  was  obtained. 
(Canon  546.) 

392.  §  1.     In  monasteries  of  women  with  solemn  vows 
the  postulant  must  bring  the  dowry  required  by  the  consti- 
tutions or  determined  by  lawful  custom. 


NOVITIATE  105 

§  2.  This  dowry  shall  be  given  to  the  monastery  before 
the  reception  of  the  habit,  or  shall  at  least  be  made  certain 
in  legal  form  recognized  by  the  civil  law. 

§  3.  In  congregations  of  women  with  simple  vows,  the 
existing  customs  concerning  the  dowry  shall  be  observed. 

§  4.  The  prescribed  dowry  cannot  be  remitted,  either 
in  whole  or  in  part,  without  an  indult  of  the  Holy  See,  if  there 
is  question  of  a  community  of  papal  law;  and  not  without 
the  permission  of  the  Ordinary,  if  a  diocesan  congregation. 
(Canon  547.) 

393.  The  dowry  is  acquired  irrevocably  by  the  monas- 
tery or  religious  congregation  by  the  death  of  the  religious, 
even  though  she  should  have  taken  only  temporary  vows. 
(Canon  548.) 

394.  After  the  first  profession  of  a  religious  her  dowry 
is  to  be  placed  by  the  superioress,  acting  with  her  council, 
in  safe,  lawful  and  fruitful  investment.    The  bishop's  consent 
is  required,  and  also  that  of  the  regular  superior  if  the  nuns 
are   under  his   jurisdiction.     It   is   absolutely   forbidden  to 
expend  the  dowry  in  any  way  before  the  death  of  a  sister 
not  even  for  the  building  of  the  convent,  or  the  reduction 
of  a  debt.     (Canon  549.) 

395.  The  dowry  must  be  carefully  administered  at  the 
monastery  or  habitual  residence  of  the  Mother  General  or 
Mother  Provincial. 

The  Ordinaries  should  specially  watch  over  the  conser- 
vation of  dowry  and  demand  an  exact  account  at  the  time 
of  the  visitation.  (Canon  550.) 

396.  The  dowry  of  a  sister,  either  of  simple  or  of  sol- 
emn vows,  who  for  any  reason  leaves  the  religious  life  must 
be  returned  to  her  entirely,  without  the  interests  which  have 
already  matured. 

If  a  professed  sister  goes,  by  indult  of  the  Holy  See,  over 
to  another  Order,  the  new  Order  has  the  right  to  the  income 
from  the  dowry  during  the  novitiate,  and  upon  profession 
in  the  new  Order  the  dowry  itself  must  be  turned  over;  if 
she  is  transferred  to  another  monastery  (there  is  understood 
such  monastery  as  is  of  the  nature  of  an  abbey)  the  dowry 
belongs  to  that  monastery  from  the  time  of  the  transition. 
(Canon  551.) 


106  THE  NEW  CANON  LAW 

397.  Two    months    at    least    before    the    reception    of 
novices,  or  the  profession  of  either  temporary  or  perpetual, 
simple  or  solemn  vows,  takes  place  in  communities  of  women, 
even  exempt  ones,  the  superioress  must  notify  the  bishop. 

The  bishop,  or  in  case  of  absence  or  other  impediment, 
the  priest  delegated  by  him,  shall  at  least  thirty  days  before 
the  reception  examine  each  of  those  to  be  received  to  the 
novitiate,  or  admitted  to  profession,  whether  she  of  her  own 
free  will  enters  the  novitiate  or  makes,  or  renews,  her  pro- 
fession. (Canon  552.) 

Article  II.     Education  of  the  Novices. 

398.  The  novitiate  begins  with  the  reception  of  the 
habit,  or  in  such  other  way  as  prescribed  by  the  constitu- 
tions.    (Canon  553.) 

399.  The  house  of  novitiate  shall  be  erected  according 
to  the  constitutions.     If,  however,  there  is  question  of  Or- 
ders and  congregations  approved  by  Rome,  the  permission 
of  the  Holy  See  is  required  for  the  erection  of  the  novitiate. 

There  cannot,  as  a  rule,  be  several  novitiates  in  one  and 
the  same  province,  if  the  organization  is  divided  into  prov- 
inces, but  if  there  should  be  grave  reason  for  having  several 
novitiates  a  special  indult  of  the  Holy  See  must  be  obtained. 

The  superiors  must  place  in  the  house  of  novitiate  only 
such  religious  that  will  give  a  good  example  of  religious  dis- 
cipline. (Canon  554.) 

400.  Besides  the  other  conditions  required  by  Canon 
542,  for  validity  of  the  novitiate,  the  following  points  are  de- 
manded for  a  valid  novitiate : 

1     The  candidate  must  be  at  least  fifteen  years  of  age. 

2.  He  must  stay  in  the  novitiate  for  one  continuous 
and  complete  year. 

3.  He  must  stay  in  the  house  of  novitiate. 

If  the  constitutions  prescribe  a  longer  period  for  the 
novitiate,  this  is  not  necessary  for  validity,  unless  the  con- 
stitutions explicitly  demand  it  under  pain  of  invalidity. 
(Canon  555.) 

401.  The  novitiate  is  interrupted  so  that  it  must  be 
made  over  again,  if  the  novice  after  dismissal  by  the  superior 


NOVITIATE  107 

has  actually  left  the  house,  or  if  without  permission  he  left 
the  house  with  the  intention  not  to  return,  or  if  for  any  rea- 
son, even  with  the  permission  of  the  superior,  he  remained 
outside  the  house  of  novitiate  for  over  thirty  days,  either 
continuous  or  otherwise. 

If  the  novice  remained  outside  over  fifteen  days,  but  not 
over  thirty,  either  with  the  permission  of  the  superior  or  by 
force  of  circumstances,  as  for  instance,  fire,  flood,  etc.,  and 
continued  under  the  obedience  of  the  superior,  it  is  neces- 
sary for  validity  to  supply  as  many  days  as  the  novice  was 
away,  even  though  he  was  absent  only  a  day  or  two  at  a 
time.  If  all  the  days  a  novice  was  absent  from  the  novitiate 
do  not  amount  to  over  fifteen  days,  the  superior  may  demand 
that  they  are  supplied,  but  this  is  not  required  under  pain 
of  invalidity. 

The  superior  must  not  give  permission  to  a  novice  to 
remain  outside,  except  for  a  serious  reason. 

If  the  novice  is  transferred  by  his  superiors  from  one 
house  of  novitiate  to  another  of  the  same  Order  or  congre- 
gation the  novitiate  is  not  interrupted.  (Canon  556.) 

402.  During  the  entire  year  of  the  novitiate  the  novice 
shall  wear  the  habit  prescribed  by  the  constitutions,  unless 
the  peculiar  circumstances  of    a    place    demand    otherwise. 
(Canon  557.) 

403.  In   religious   communities   where   there   are   two 
classes  of  novices,  the  novitiate  made  for  one  class  is  not 
valid  for  another;  for  instance,  in  Orders  where  some  novices 
are  destined  for  the    priesthood,    others    for    lay    brothers. 
(Canon  558.) 

404.  A  master  of  novices  is  to  be  appointed  for  the 
training  of  the  novices.     He  should  be  at  least  thirty-five 
years  of  age,  ten  years  professed,  counting  the  years  from 
his  first  profession,  possessed  of  the  qualities  required  for 
his  office,  and  in  clerical  religious  communities  the  master  of 
novices  must  be  a  priest. 

If  on  account  of  the  large  number  of  the  novices,  or  for 
another  just  cause,  it  seems  advisable  to  have  a  sub-master 
of  novices,  he  shall  be  under  the  immediate  authority  of  the 
master  in  regard  to  the  management  of  the  novitiate.  The 
sub-master  should  be  thirty  years  of  age  or  over,  at  least 


108  THE  NEW  CANON  LAW 

five  years  professed,  and  possess  other  necessary  qualifica- 
tions for  his  office. 

Both  master  and  sub-master  of  novices  must  be  free 
from  all  offices  and  duties  which  would  interfere  with  the 
government  of  the  novices.  (Canon  559.) 

405.  The  master  and  sub-master  of  novices  shall  be 
elected  according  to  the  constitutions,  and,  if  these  fix  the 
term  of  office,  the  master  and  sub-master  should  not  within 
their  term  be  removed  from  office,  except  for  a  grave  and 
just  reason;  they  may  be  re-elected.     (Canon  560.) 

406.  The  government  of  the  novitiate  belongs  exclu- 
sively to  the  master  of  novices  and  all  others  are  forbidden 
to  interfere,  except  those  superiors  to  whom  the  constitu- 
tions give  that  power,  and  the  Visitor.     In  reference  to  the 
discipline  of  the  entire  community,  master  and  novices  alike 
are  subject  to  the  local  superior. 

The  novices  are  under  the  authority  of  the  master  and 
of  the  superiors  of  the  Order  and  are  held  to  obey  them. 
(Canon  561.) 

407.  The  master  has  the  serious  duty  of  zealously  in- 
structing the  novices  in  the  practices  of  religious  life,  ac- 
cording to  the  constitutions  and  the  rules  of  Canon  565. 
(Canon  562.) 

408.  During  the  year  of  novitiate    the    master    shall 
make  report  of  the  conduct  of  the  individual  novices  to  the 
Chapter,  or  the  major  superior,  according  to  the  regulations 
of  the  constitutions.     (Canon  563.) 

409.  The  novitiate  must,  as  far  as  possible,  be  sepa- 
rated from  that  part  of  the  house  where  the  professed  live, 
and  without  special  reason  and  the  permission  of  the  superior 
or  the  master  they  shall  have  no  communication  with  the  pro- 
fessed religious,  nor  these  with  the  novices. 

The  novices  for  the  lay-brotherhood  shall  have  assigned 
to  them  a  separate  place.  (Canon  564.) 

410.  The  master  of  novices  must  instruct  the  novices 
in  the  Rule  and  the  Constitutions,  in  the  three  vows  and  the 
corresponding  virtues,   in   prayer  and  meditation,   in   pious 
exercises  conducive  to  the  acquisition  of  virtue,  and  in  the 
suppression  of  faulty  habits. 

The  lay-brother  novices  should  moreover  be  thoroughly 


NOVITIATE  109 

instructed  in  Christian  doctrine,  for  which  purpose  a  spe- 
cial instruction  shall  be  given  to  them  at  least  once  a  week. 
During  the  year  of  novitiate  the  novice,  if  a  priest,  shall 
not  be  appointed  to  preach,  or  to  hear  confessions,  or  to  at- 
tend to  services  outside  the  house.  The  novices  should  not 
engage  in  regular  courses  of  studies  of  letters,  sciences  or 
arts.  The  lay-brother  novices  may  within  the  religious  com- 
munity attend  to  the  duties  of  lay-brothers,  not,  however,  as 
principal  brother  in  charge  of  the  various  workshops,  for 
instance,  and  only  in  so  far  as  such  work  does  not  interfere 
with  the  exercises  prescribed  for  them  in  the  novitiate. 
(Canon  565.) 

411.  The  confessor  of  the  novices  in  communities  of 
women  is  to  be  appointed  according  to  Canons  520-527. 

In  communities  of  men,  saving  the  law  of  Canon  519, 
the  following  shall  be  observed: 

1.  According  to  the  number  of  novices  there  should  be 
appointed  one  or  more  ordinary    confessors,    provided    the 
master  of  novices  does  not  hear  their  confessions,   which 
Canon  891  ordinarily  forbids. 

2.  The  ordinary  confessors,  in  clerical  religious  com- 
munities, must  be  residents  of  the  house  of  novitiate;  in 
laical  religious  communities  they  must  frequently  come  to 
the  house  of  novitiate  to  hear  the  confessions  of  novices. 

3.  Besides  the  ordinary  confessors,  several  other  con- 
fessors should  be  appointed  to  whom  the  novices  may  freely 
go  in  particular  cases,  and  the  master  should  not  show  dis- 
pleasure. 

4.  Four  times  a  year  at  least  the  novices  shall  have  an 
extraordinary  confessor,  whom  all  novices  must  approach  to 
receive  his  blessing,  if  perhaps  they  do  not  want  to  confess 
to  him.    (Canon  566.) 

412.  The    novices    enjoy  all    privileges    and    spiritual 
favors  granted  to  the  Order  or  congregation;  if  they  die  as 
novices   they  have  a  right  to  the  suffrages  prescribed  for 
professed  members. 

The  novices  shall  not  be  promoted  to  orders  during  the 
novitiate.     (Canon  567.) 

413.  If  the  novice  during  the    year   of    novitiate    re- 
nounces in  any  way  his  right    to   benefices,    or    goods,    or 


110  THE  NEW  CANON  LAW 

property,  such  renunciation  is  not  only  illicit  but  invalid  by 
law.     (Canon  568.) 

414.  Before  taking  simple  vows,  either  temporary  or 
perpetual,  the  novice  must  cede  the  administration  of  his 
temporal  goods  to  a  person  of  his  choice  and  also  dispose 
of  their  use  and  revenue  at  pleasure,  unless  the  constitutions 
of  his  Order  have  other  regulations  concerning  the  use  and 
revenue  of  the  goods  of  novices. 

If  a  novice  did  not  make  any  arrangement  concerning 
temporal  goods  because  he  had  none  at  the  time,  and  after- 
wards acquired  some,  or  if  he  made  such  disposition,  but 
acquired  more  goods  afterwards,  he  shall  notwithstanding 
his  simple  profession  dispose  of  the  goods  according  to  the 
foregoing  paragraph  of  this  Canon. 

Novices  in  religious  congregations  can,  before  taking 
temporary  vows,  freely  dispose  by  last  will  of  goods  both 
actually  possessed,  and  those  they  may  chance  to  receive 
in  future.  Novices  of  Orders  with  solemn  vows  cannot  dis- 
pose by  last  will,  or  any  other  way,  of  goods  that  may  after 
solemn  profession  come  to  them  by  inheritance  or  other 
right,  for  from  the  moment  of  solemn  profession  the  Order 
enters  into  all  the  rights  of  the  professed,  or  the  Holy  See 
if  the  Order  is  incapable  of  possessing.  (Canon  569.) 

415.  No  compensation  can  be  asked  for  the  expendi- 
tures of  keeping  a  novice  in  the  novitiate,  except  what  the 
constitutions  perhaps  demand  for  food  and  clothing,  or  what 
was  agreed  upon  for  these  purposes  by  explicit  contract. 

Whatever  the  applicant  brought  along,  and  has  not  ac- 
tually consumed  by  use  must  be  returned  to  the  individual  if 
he  does  not  make  profession  and  returns  to  the  world. 
(Canon  570.) 

416.  The  novice  is  free  to  leave  the  community,  and 
the  superior  or  the  Chapter,  according  to  the  constitutions, 
may  dismiss  the  novice  for  any  just  cause  without  obliga- 
tion on  the  part  of  the  superior  or  Chapter  to  tell  the  novice  the 
reason  why  he  was  dismissed. 

When  the  year  of  novitiate  is  completed  the  novice,  if 
judged  qualified,  shall  be  admitted  to  profession,  otherwise 
he  must  be  dismissed.  If  there  exist  some  doubt  as  to  his 


RELIGIOUS  PROFESSION  111 

fitness  for  profession  the  major  superiors  may  prolong  the 
time  of  novitiate  for  not  longer  than  six  months. 

Before  taking  vows  the  novice  shall  make  a  retreat  for 
at  least  eight  full  days.  (Canon  571.) 

.CHAPTER  III. 

Religious  Profession. 

417.  For  the  validity  of  any  religious  profession  the 
following  is  required: 

1.  The  novice  must  have  the  requisite  age  according 
to  Canon  573,  namely,  at  least  sixteen  years. 

2.  He  must  be  admitted  to  profession  by  the  legitimate 
superior,  he,  namely,  who  has  by  the  constitutions  of  the 
respective  Order  or  congregation  the  right  to  admit  to  pro- 
fession, or  to  delegate  others. 

3.  A  valid  novitiate  must  have  preceded,  according  to 
the  conditions  of  Canon  555. 

4.  The  profession  must  be  made  without  force  or  grave 
fear  or  deceit. 

5.  The  profession  must  be  explicit.    Up  to  the  present 
time  there  was  no  general  law  of  the  Church  demanding  an 
explicit  profession  under  pain  of  invalidity,  and  an  implicit 
profession  was  recognized  under  certain  circumstances,  un- 
less the  constitutions  of  an  Order  or  congregation  positively 
rejected  implied  profession. 

6.  The  profession  must  be  made  into  the  hands  of  the 
superior  whom  the  constitutions  authorize  or  his  delegate. 

For  the  validity  of  the  profession  of  perpetual  vows, 
both  simple  and  solemn,  it  is,  moreover,  required  that  the 
simple,  temporary  profession  precedes,  according  to  Canon 
574.  (Canon  572.) 

418.  Whosoever  wants  to   make   religious  profession 
must  be  fully  sixteen  years  of  age  if  there  is  question  of  tem- 
porary vows ;  and  twenty-one  years  in  the  case  of  perpetual 
profession  either  solemn  or  simple.    (Canon  573.) 

419.  In  every  Order,  both  of  men  and  women,  and  in 
every  congregation  which  has  perpetual  vows,  the  novice 
must  in  the  house  of  novitiate  take  temporary  vows  for  three 
years,  or  for  a  longer  period  if  he  will  not  yet  be  twenty-one 


112  THE  NEW  CANON  LAW 

years  of  age  after  three  years  of  temporary  vows.  If  the 
constitutions  demand  yearly  profession,  they  are  to  be  fol- 
lowed. An  exception  from  this  rule  is  made  only  in  case  of 
transition  of  a  perpetually  professed  member  to  another 
Order,  of  which  Canon  634  treats. 

In  this  Canon  there  are  two  important  points  which  are 
new  in  the  legislation  of  the  Church.  Up  to  the  present  time 
the  clerical  novices  in  many  Orders  took  simple  perpetual 
vows  immediately  after  the  novitiate.  By  the  present  law 
all  novices  without  distinction  must  take  temporary  vows  for 
at  least  three  years ;  secondly,  they  must  be  fully  twenty-one 
years  of  age  in  order  to  take  solemn  vows  in  religious  Orders, 
and  simple  perpetual  vows  in  congregations.  The  vows  up 
to  twenty-one  years  of  age  must  necessarily  be  temporary, 
for  only  after  those  years  does  the  Code  habilitate  a  person 
to  take  perpetual  or  solemn  vows. 

The  superior  who  has  authority  to  admit  members  to 
profession  may  prolong  the  period  of  the  temporary  vows 
by  making  the  religious  again  take  temporary  vows,  but  not 
for  more  than  another  term  of  three  years.  (Canon  574.) 

420.  After  the  time  of  the  temporary  vows  has  expired, 
the  religious  may  either  return  to  the  world,  according  to 
Canon  637,  or  make  the  perpetual  profession  which  is  either 
simple  or  solemn,  according  to  the  constitutions  of  various 
religious  organizations.     If  during  the  period  of  the  tem- 
porary vows   the   religious   is   not  judged  worthy  to   take 
solemn  vows  he  may  be  dismissed  in  the  manner  defined  by 
Canon  647. 

The  vote  of  the  council  or  the  Chapter  for  the  first,  tem- 
porary profession,  is  deliberative,  which  means  that  the  su- 
perior is  not  allowed  to  act  against  it ;  for  the  following,  per- 
petual profession  both  simple  and  solemn  it  is  merely 
consultive,  which  does  not  oblige  the  superior  to  act  accord- 
ing to  the  vote.  (Canon  575.) 

421.  In   the   making  of   the   profession  the   rite  pre- 
scribed by  the  constitutions  shall  be  observed. 

The  record  of  the  profession  shall  be  signed  by  both  the 
religious  who  made  the  profession,  and  the  one  who  received 
the  profession.  Moreover,  when  there  is  question  of  solemn 
profession,  the  superior  who  officiated  shall  inform  the  pastor 


RELIGIOUS  PROFESSION  113 

of  the  place  where  the  professed  was  baptized,  as  Canon  470, 
§  2,  demands.     (Canon  576.) 

422.  When  the  time  of  the  temporary  vows  expires, 
there  should  be  no  delay  in  the  renewal  of  the  vows. 

Faculty  is  given  to  the  superiors  to  allow  for  a  good 
reason  that  the  renewal  of  temporary  vows  may  be  anticipated 
for  some  time,  not  over  one  month.  (Canon  577.) 

423.  The  religious  who  are  under  temporary  vows  in 
Orders  and  congregations,  according  to  Canon  574: 

1.  Enjoy  the  same  indulgences,  privileges  and  spiritual 
favors  as  the  religious  in  perpetual  or  solemn  vows,  and  if 
they  die  in  temporary  vows  they  have  the  right  to  the  same 
suffrages  as  the  other  professed  members. 

2.  They  are  held  to  the  observance  of  the  Rule  and 
constitutions,  but,  if  the  Order  has  the    obligation    of    the 
choir,  they  are  not  held  to  the  private  recitation  of  the  Divine 
office,  unless  they  are  in  sacred  orders,  or  the  constitutions 
impose  the  private  recitation. 

3.  They  have  neither  active  nor  passive  vote,  unless 
the  constitutions  explicitly  state  otherwise.    The  time,  how- 
ever, prescribed  for  having  active  and  passive  vote,  for  in- 
stance, the  requirement  of  ten  years  of  profession  for  being 
elected  to  an  office,  is  counted  from  the  first  profession,  if 
the  constitutions  determine  nothing  on  this  point.    (Canon 
578.) 

424.  The  simple  profession,  both  temporary  and  per- 
petual, renders  actions  against  the  vows  illicit,  not  invalid, 
unless  the  contrary  has  been  explicitly  decreed.    The  solemn 
profession,  however,  renders  actions  contrary  to  the  vows 
also  invalid,  if  they    can    be    invalidated    by    their    nature. 
(Canon  579.) 

425.  Every  simple  professed  religious,  whether  in  tem- 
porary or  perpetual  vows,  retains  the  proprietorship  of  his 
goods  and  the  capacity  to  acquire  other  goods,  within  the 
limits  of  Canon  569,  unless  the  constitutions  limit  the  ca- 
pacity to  possess,  or  to  acquire. 

Whatever  the  religious  acquires  by  work,  or  what  is 
given  him  in  consideration  of  his  being  a  religious,  he  ac- 
quires for  the  community. 

Any  change  which  the  professed  religious  wants  to  make 


114  THE  NEW  CANON  LAW 

concerning  the  administration,  use,  etc.,  of  his  goods,  spoken 
of  in  Canon  569,  §  2,  he  cannot  make  of  his  own  free  will 
(unless  the  constitutions  allow  this),  but  he  needs  the  per- 
mission of  the  supreme  head  of  the  Order  or  congregation; 
in  communities  of  nuns  with  solemn  vows  the  permission 
of  the  bishop,  and  of  the  regular  superior  also  if  the  nuns 
are  under  his  jurisdiction,  is  demanded.  Such  change  can- 
not be  allowed  if  it  is  made  for  the  benefit  of  the  religious 
community  in  notable  quantity.  By  the  very  fact  of  aban- 
doning the  religious  life  all  cession  of  rights  and  other  dis- 
positions are  annulled,  and  the  former  religions  regains  his 
rights  to  the  goods  of  which  he  had  the  ownership.  The 
Church  forbids  that  simple  professed  religious  give  up  the 
ownership  of  the  goods  they  have,  for  the  reason  that  through 
loss  of  vocation  or  other  reasons  it  may  become  necessary 
to  dispense  a  religious  from  his  vows,  in  which  case  he  will 
need  again  what  goods  he  had.  (Canon  580.) 

426.  The  simple  professed  religious  cannot  validly  re- 
nounce rights  of  proprietorship  of  his  goods  until  two  months 
before  solemn  profession,  at  which  time  he  must,  under  con- 
dition that  solemn  profession  is  made,  renounce  all  goods 
which  he  actually  has  in  favor  of  any  persons  he  prefers. 
Special  indults  given  by  the  Holy  See  to  Orders  of  solemn 
vows  that  solemn  professed  members  retain  proprietorship 
of  the  goods  they  have,  are  to  remain  in  force. 

When  solemn  profession  has  been  made,  the  formalities 
of  the  civil  law  necessary  to  make  the  renunciation  of  the 
goods  of  the  professed  valid  in  the  civil  courts  should  be  com- 
plied with.  (Canon  581.) 

427.  After  solemn  profession,  saving  special  indults  of 
the  Holy  See,  all  goods  which  may  in  any  way  come  to  the 
individual  religious  (1)  belong  to  the  Order,  or  province,  or 
house,  according  to  the  constitutions,  if  the  Order  is  capable 
to  possess  goods;  (2)  in  an  Order  incapacitated  by  Canon 
Law  to  possess,  the  Holy  See  assumes  the  title  of  ownership. 
(Canon  582.) 

428.  The  simple  professed  religious  in  congregations 
are  not  allowed:   (1)  to  give  away  or  make  donation  of  their 
goods;  (2)  they  may  not  change  the  last  will  made  accord- 
ing to  Canon  569,  §  3,  without  permission  of  the  Holy  See, 


STUDIES  IN  CLERICAL  RELIGIOUS  COMMUNITIES  115 

or,  if  the  matter  is  urgent  and  there  is  no  time  for  recourse 
to  Rome,  without  the  permission  of  the  major  superior  of 
the  congregation,  or  at  least  the  local  superior  if  the  major 
superior  cannot  be  reached  in  time.  (Canon  583.) 

429.  After  one  year  from  the  making  of  any  profession, 
parochial  benefices  which  the  professed  religious  possessed 
become  vacant;  other  benefices  after  three  years.    (Canon 
584.) 

430.  The  religious  who  takes  perpetual  vows,  whether 
simple  or  solemn,  thereby  loses  his  own  proper  diocese  he 
had  when  in  the  world.     (Canon  585.) 

431.  The  profession  which  was  invalid  on  account  of 
some  external  impediment  does  not  become  valid  by  any 
subsequent  acts;  it  is  necessary  either  to  obtain  a  sanatio 
from  the  Holy  See,  or  to  make  the  profession  over  again 
after  the  impediment  has  ceased  and  the  religious  has  come 
to  the  knowledge  of  the  nullity  of  his  profession. 

If  the  profession  was  invalid  merely  on  account  of  want 
of  internal  consent,  it  is  validated  by  giving  consent,  pro- 
vided the  consent  of  the  Order  or  congregation  has  not  been 
revoked. 

If  there  is  serious  doubt  as  to  the  validity  of  the  pro- 
fession, and  the  religious  refuses  either  to  ask  for  a  sanatio 
ad  cautelam  from  the  Holy  See,  or  to  make  the  profession 
over  again,  the  matter  shall  be  laid  before  the  Holy  See. 
(Canon  586.) 

TITLE  XII. 

Studies  in  Clerical  Religious  Communities. 

432.  Every  clerical  religious  organization  shall  have 
houses  of  study  approved  by  the  General  Chapter  or  the  su- 
periors, and,  according  to  Canon  554,  §  3,  only  such  religious 
that  are  perfect  in  their  religious  life  shall  be  placed  in  those 
houses. 

In  the  house  of  study  the  community  life  must  be  per- 
fect, otherwise  the  students  cannot  be  promoted  to  orders. 

If  the  province  has  no  properly  equipped  houses  of 
study,  or  though  it  has  them,  access  to  them  has  become 
difficult,  the  religious  students  may  be  sent  to  a  well 
equipped  house  of  studies  of  another  province,  or  another 


116  THE  NEW  CANON  LAW 

Order,  or  to  the  episcopal  seminary,  or  to  a  Catholic  Uni- 
versity. 

Religious  who  are  sent  to  a  distant  place  for  study  are 
not  allowed  to  board  in  private  houses,  but  must  live  either 
in  a  nearby  house  of  their  Order,  or  with  another  religious 
community  of  men,  or  in  a  seminary  or  other  institution 
in  charge  of  priests  and  approved  by  the  ecclesiastical  au- 
thority. (Canon  587.) 

433.  During  the  entire  course  of  studies  the  religious 
shall  be  under  the  special  care  of  a  prefect  or  master,  who 
shall  lead  them  on  in  religious  life  by  timely  admonition  and 
instruction. 

The  prefect  or  master  must  have  the  same  qualifications 
as  required  in  the  master  of  novices  by  Canon  559,  §  2,  §  3. 

The  superiors  shall  see  to  it  that  the  regulations  of 
Canon  595  for  all  religious  houses  are  most  perfectly  ob- 
served in  the  house  of  studies.  (Canon  588.) 

434.  The  religious,  after  due  instruction  in  the  inferior 
studies,  shall  engage  in  the  study  of  philosophy  for  at  least 
two  years,  in  theology  four  years,  following  the  teaching  of 
St.  Thomas,  according  to  Canon  1366,  §2,  and  the  instruc- 
tions of  the  Holy  See. 

During  the  time  of  studies  no  duties  should  be  imposed 
on  professors  and  students  which  will  interfere  in  any  way 
with  the  studies.  The  General,  and  in  particular  cases  other 
superiors,  may  exempt  professors  and  students  from  some 
community  exercises  and  also  from  the  choir,  especially  the 
midnight  office,  if  they  judge  it  necessary.  (Canon  589.) 

435.  The  religious  priests  shall  each  year,  for  at  least 
five  years  after  the  completion  of  the  course  of  studies  pass 
an  examination  before  learned  Fathers  appointed  for  that 
purpose.     Those  who  teach  sacred  theology,   Canon  Law  or 
scholastic  philosophy  are  exempted,  and  the  major  superiors  may 
exempt  others  for  a  grave  reason.    (Canon  590.) 

436.  In  every  large    community    (domus   formata)    at 
least  there  shall  be  held  once  a  month,  or  more  frequently, 
a  discussion  on  moral  or  liturgical  cases  to  which  may,  at 
the  discretion  of  the  superior,  be  added  a  sermon  on  dog- 
matic and  kindred  subjects.     All  professed  clerics  who  en- 


DUTIES  AND  PRIVILEGES  OF  RELIGIOUS        117 

gage  in  the  study  of  theology,  and  the  priests  of  the  com- 
munity must  assist  at  these  conferences,  unless  the  constitu- 
tions rule  otherwise.  (Canon  591.) 

TITLE  XIII. 
Duties  and  Privileges  of  Religious. 

CHAPTER  I. 
Duties. 

437.  All  religious  are  held  to  the  common  obligations 
of  the  clergy  outlined  in  Canons  124-142,  unless  the  context 
or  the  nature  of  the  law  argue  the  contrary.     (Canon  592.) 

438.  All  religious,  superiors  as  well  as  subjects,  must 
not  only  faithfully  keep  the  vows  which  they  have  taken, 
but  also  live  according  to  the  Rules  and  Constitutions  proper 
to  their  Order  or  congregation,  and  in  this  manner  strive 
after  the  perfection  of  their  state.     (Canon  593.) 

439.  In  every  community  the  community  life  shall  be 
followed  by  all,  also  in  those  things  pertaining  to  food,  cloth- 
ing and  furniture. 

Whatever  is  acquired  by  religious,  not  excepting  the 
superior,  according  to  Canons  580,  §  2,  and  582,  n.  1,  must 
be  added  to  the  goods  of  the  Order,  province,  or  house,  and 
any  money,  deeds,  etc.,  must  be  deposited  in  the  common 
treasury. 

The  furniture  of  the  religious  must  be  in  harmony  with 
the  poverty  they  have  vowed  in  their  profession.  (Canon 
594.) 

440.  The  superiors  shall  see  to  it  that  all  religious : 

1.  Make  a  retreat  each  year. 

2.  Are  present  at  the  daily  Mass,  and  perform  the  medi- 
tations and  other  spiritual  exercises  prescribed  by  Rule  and 
constitutions. 

3.  Make  their  confession  at  least  each  week. 

The  superiors  shall  promote  frequent  and  daily  Com- 
munion ;  frequent  and  even  daily  Communion  must  be  freely 
allowed  to  religious  who  are  properly  disposed. 

If  a  religious  after  the  last  confession  has  given  great 
scandal  to  the  community,  or  has  committed  an  external 


118  THE  NEW  CANON  LAW 

mortal  sin,  the  superior  can  forbid  that  person  to  go  to  Holy 
Communion  until  he  has  gone  again  to  confession. 

If  any  religious  community,  both  of  simple  and  solemn 
vows,  has  regulations  or  constitutions  in  which  the  days  for 
Holy  Communion  are  prescribed,  such  regulations  shall  have 
merely  the  force  of  directive  rules.  (Canon  595.) 

441.  All  religious  shall  wear  the  habit  of  their  Order 
or  congregation  in  the  house  as  well  as  outside,  unless  ac- 
cording to  the  judgment  of  the  major  superior,  or  in  case  of 
necessity,  of  the  local  superior,  an  exception  should  be  made. 
(Canon  596.) 

442.  The  papal  enclosure    must    be    observed    in    all 
houses  of  religious  men  and  women  with  solemn  vows,  even 
in  the  small  houses  or  residences. 

Under  the  law  of  enclosure  fall  the  whole  house  inhab- 
ited by  the  religious,  with  the  gardens  and  recreation 
grounds  reserved  to  the  religious.  The  public  church  with 
the  adjoining  sacristy,  the  hospice  for  strangers,  the  parlors, 
which  should  as  far  as  possible  be  near  the  door  of  the  house, 
are  excepted  from  the  enclosure. 

The  places  subject  to  the  law  of  enclosure  shall  be 
plainly  indicated  by  public  notices.  The  major  superior  or 
the  General  Chapter,  as  the  constitutions  may  determine,  and 
in  case  of  nuns  with  solemn  vows  the  bishop,  shall  have  the 
right  and  duty  to  accurately  fix  the  limits  of  the  enclosure 
or  also  to  change  them  for  good  reasons.  (Canon  597.) 

443.  Within  the  enclosure  of  regulars,  women  of  any 
age,  family. and  state,  are  forbidden  to  be  admitted  under 
any  pretext. 

Exception  from  this  law  is  made  for  the  wives  and  their 
lady  attendants  of  the  highest  rulers  of  nations.  (Canon  598.) 

444.  If  a  house  of  regulars  has  attached  to  it  a  school 
or  college  for  its  own  students,  or  conducts  other  institutions 
proper  to  the  Order,  a  separate  part  of  the  building  should 
be  reserved,  as  far  as  possible,  for  the  exclusive  dwelling  of 
the  religious  and  subject  to  the  law  of  enclosure. 

To  the  places  outside  the  enclosure  set  apart  for  the 
students  or  for  other  purposes  of  the  Order,  women  should 
not  be  admitted  except  for  good  reason  and  with  permission 
of  the  superior.  (Canon  599.) 


DUTIES  AND  PRIVILEGES  OF  RELIGIOUS        119 

445.  Within  the  enclosure  of  nuns  with  solemn  vows 
no  person  of  whatever  sex,  age,  family,  and  condition  of  life 
must  be  admitted  without  the  permission  of  the  Holy  See. 
The  only  exceptions  granted  are  as  follows : 

1.  The  local  Ordinary,  or  the  regular  superior,  or  an- 
other Visitor  delegated  by  them  may  at  the  time  of  visita- 
tion enter  the  enclosure  for  the  purpose  of  inspection  only, 
and  on  condition  that  at  least  one  cleric  or  religious  of  ma- 
ture age  accompany  them. 

2.  The  confessor,  or  the  priest  who  takes  his   place, 
may  with  due  precautions  enter  the  enclosure  to  administer 
the  Sacraments  or  to  assist  the  dying. 

3.  The  highest  ruler  of  the  nation  with  his  wife  and 
escort;  also  Cardinals. 

4.  The  Mother  Superior  may,  with  previous  general 
permission  of  the  local  Ordinary,  and  the  observance  of  due 
precautions,  admit  within  the  enclosure  doctors,  surgeons 
and  others  whose  help  is  needed.     If  necessity  urges,  and 
there  is  no  time  to  ask  the  approval  of  the  bishop  for  admit- 
ting the  aforesaid  persons,  the  law  presumes  permission. 
(Canon  600.) 

446.  No  nun  with  solemn  vows  is  allowed  to  leave  the 
enclosure  without   special  permission  from   the   Holy  See, 
except  in  a  case  of  imminent  danger  of  death  or  other  most 
serious  evil. 

If  there  is  time,  the  local  Ordinary  must  be  consulted 
concerning  the  reason  for  leaving  the  enclosure.  (Canon 
601.) 

447.  The  enclosure  of  nuns  with  solemn  vows  must  be 
so  arranged  that  view  of  the  outside  world  is  cut  off,  and 
that  outsiders  cannot  look  in.    (Canon  602.) 

448.  The  enclosure  of  nuns,  though  they  be  under  the 
jurisdiction  of  the  regulars,  is  subject  to  the  bishop  of  the 
diocese  who  can  punish  all  violations  of  the  enclosure,  even 
on  the  part  of  the  regulars,  with  ecclesiastical  penalties  and 
censures. 

The  enclosure  of  nuns  subject  to  the  regulars  is,  more- 
over, under  the  jurisdiction  and  custody  of  the  regular  su- 
perior, who  can  punish  the  nuns  and  his  other  subjects  with 


120  THE  NEW  CANON  LAW 

ecclesiastical  penalties  for  the  violation  of  the  law  of  en- 
closure.    (Canon  603.) 

449.  In    the    houses    of    religious    congregations    of 
women,  both  of  papal  law  and  diocesan,  the  law  of  enclosure 
shall  be  observed  so  that  those  only  who  by  law  have  a  right 
to  enter,  as  specified  in  Canons  598,  §  2,  and  600,  shall  be 
admitted,  and  others  with  permission  of  the  superiors  for 
good  reason. 

The  regulations  of  Canon  599  shall  be  applied  also  to 
the  houses  of  religious  congregations  of  men  and  women. 

The  bishop  may  for  special  and  serious  reasons  safe- 
guard the  enclosure  of  congregations  with  ecclesiastical  cen- 
sures, except  for  a  clerical,  exempt  congregation ;  the  bishop 
has,  however,  the  right  in  all  cases  to  see  to  the  observance 
of  the  enclosure,  and  to  correct  abuses  that  might  creep  in. 
(Canon  604.) 

450.  All  those  whose  duty  it  is  to  guard  the  enclosure 
shall  see  to  it  that  the  religious  discipline  and  spirit  does  not 
suffer  by  useless  visits  of  outsiders.    (Canon  605.) 

451.  Superiors  shall  attend  to  it  that  regulations  of 
their  own  constitutions  concerning  the  going  out  of  subjects, 
the  visiting  of  seculars,  and  the  visits  in  the  parlor,  are  faith- 
fully observed. 

The  superiors  cannot  give  permission,  outside  the  cases 
mentioned  in  Canons  621-624,  to  their  subjects  to  live  outside 
the  houses  of  the  Order,  except  for  a  short  period.  For  an 
absence  of  more  than  six  months,  except  in  cases  of  study, 
the  permission  of  the  Holy  See  must  be  obtained.  (Canon 
606.) 

452.  The  superioress  and  the  bishops  shall  see  to  it  that 
no  sister,  except  in  case  of  necessity,  shall  go  out  of  the  house 
without  another  sister  as  companion.     (Canon  607.) 

453.  The  superiors  should  see  to  it  that  the  religious 
priests  destined  for  outside  work  do  gladly  and  willingly  help 
out,  at  the  request  of  the  Ordinary  or  of  the  pastors,  in  the 
sacred  ministry  wherever  they  are  needed,  especially  in  their 
own  diocese;  religious  discipline,  however,  must  not  suffer 
by  it. 

On  the  other  hand,  Ordinaries  and  pastors  are  urged  by 
the  Church  to  avail  themselves  of  the  work  of  the  religious, 


DUTIES  AND  PRIVILEGES  OF  RELIGIOUS        121 

especially  of  those  in  their  own  diocese,  in  the  sacred  min- 
istry, particularly  for  confessions.     (Canon  608.) 

454.  If  a  church  at  which  the  religious  live,  is  at  the 
same  time  a  parish  church,  the  rules  of  Canon  415  shall  be 
applied. 

In  the  churches  of  religious  women,  either  with  solemn 
or  simple  vows,  no  parish  can  be  established. 

The  superiors  should  see  to  it  that  the  services  in  their 
churches  do  not  interfere  with  the  attendance  at  the  cateche- 
tical instructions  and  the  explanation  of  the  holy  Gospel  in 
the  parish  churches.  The  judgment  concerning  this  question 
is  left  to  the  bishop.  This  Canon  has  reference  to  places 
where  the  religious  have  no  parish  church.  (Canon  609.) 

455.  In  all  houses  of  religious,  both  men  and  women, 
who  have  the  obligation  of  the  choir,  the  Divine  office  must 
be  said  if  there  are  at  least  four  choir  members  who  are  not 
actually  impeded  by  lawful  impediment;  even  fewer  members 
may  be  bound  to  say  the  office  in  common,  if  the  constitu- 
tions so  demand  it. 

The  Holy  Mass  corresponding,  according  to  the  rubrics, 
with  the  office  of  the  day,  shall  daily  be  said  in  all  religious 
houses  of  men,  and  also,  as  far  as  possible,  in  those  of  sisters. 

In  Orders  of  men,  and  Orders  of  nuns  with  solemn  vows, 
who  have  the  obligation  of  the  choir,  the  solemn  professed, 
with  the  exception  of  the  lay-members,  shall  be  bound  to  re- 
cite the  Divine  office  privately,  if  they  have  been  absent  from 
choir.  (Canon  610.) 

456.  All  religious,  both  men  and  sisters,   may  freely 
write  and  send  letters,  without  their  being  subject  to  inspec- 
tion, when  addressed  to  the  Holy  See  or  the  Papal  Legate  of 
the  country,  to  the  Cardinal  Protector  of  the  Order,  to  their 
own  major  superiors,  to  their  own  local  superior  during  his 
absence  from  the  house,  and  to  the  local  bishop,  if  they  are 
subject  to  him,  and  the  nuns  who  stand  under  the  jurisdiction 
of  the  regulars,  also  to  the  major  superiors  of  the  Order.     The 
same  religious  may  likewise  receive  letters  from  the  aforesaid 
superiors  which  no  one  is  allowed  to  open  and  inspect.     (Canon 
611.) 

457.  The  bishop  may  command  also  the  exempt  reli- 
gious to  have,  according  to  Canon  1345,  a  brief  explanation 


122  THE  NEW  CANON  LAW 

of  the  holy  Gospel  in  the  Masses  on  Sundays,  prescribe  the 
ringing  of  church  bells  on  certain  occasions,  ordain  public 
prayers,  processions,  etc.,  saving  the  constitutions  and  privi- 
leges proper  to  each  Order.  (Canon  612.) 

CHAPTER  II. 
Privileges  of  the  Religious. 

458.  Each  religious   Order  or  congregation  has  only 
those  privileges  which  are  either  contained  in  this  Code  or 
which  have  been  directly  granted  to  each,  and  for  the  future 
all  communication  of  privileges  is  excluded. 

The  privileges  which  regulars  enjoy  belong  likewise  to 
the  solemn  professed  nuns  of  the  same  Order,  in  as  far  as 
they  are  capable  of  enjoying  them.  (Canon  613.) 

459.  All  religious,  not  excluding  lay-brothers  and  nov- 
ices, enjoy  the  privileges  of  clerics  spoken  of  in  Canons  1 19- 
123.    (Canon  614.) 

460.  Regulars,  and  nuns  with  solemn  vows  subject  to 
regulars,  are  exempt  with  their  novices,  houses  and  churches 
from  the  jurisdiction  of  the  bishop  of  the  diocese,  with  the 
exception   of   the    cases   explicitly   mentioned   in   the   law. 
(Canon  615.) 

461.  Regulars  who  are  unlawfully  away  from  their 
house,  even  though  under  the  pretext  of  recurring  to  their 
superiors,  do  not  enjoy  the  privilege  of  exemption. 

If  a  regular  has  committed  a  crime  outside  the  religious 
house  and  the  Ordinary  has  without  result  admonished  the 
superior  to  punish  him,  the  Ordinary  can  punish  such  a  reli- 
gious, even  though  he  was  lawfully  outside  the  house  when 
he  committed  the  crime,  and  has  since  returned  to  the  house. 
(Canon  616.) 

462.  If  disorders  have  crept  into  an  exempt  religious 
house  and  the  bishop  has  without  result  asked  the  superiors 
to  stop  the  disorders,  the  bishop  is  obliged  to  refer  the  mat- 
ter to  the  Holy  See. 

The  small  houses  or  residences  of  even  the  exempt  reli- 
gious remain  under  the  special  vigilance  of  the  local  Ordi- 
nary, and  if  there  abuses  have  crept  in  which  are  a  scandal  to 
the  faithful,  the  Ordinary  may  in  the  meantime  while  await- 


PRIVILEGES  OF  THE  RELIGIOUS  123 

ing  instructions  from  the  Holy  See  take  the  steps  necessary 
to  end  the  scandal      (Canon  617.) 

463.  Religious  congregations  with  simple  vows  do  not 
possess  the  privilege  of  exemption,  unless  it  has  been  spe- 
cially given  them  by  the  Holy  See. 

In  religious  congregations  of  papal  law  the  bishop  is  not 
allowed:  (1)  to  change  the  constitutions  in  any  way,  or  to 
interfere  in  the  administration  of  the  goods  and  property, 
except  in  as  far  as  Canons  533-535  give  him  the  right;  (2)  to 
interfere  in  the  internal  government  and  discipline  of  the 
religious,  except  in  the  cases  stated  in  law.  Nevertheless,  in 
lay-congregations  the  bishop  has  the  right  to  inquire  whether 
the  religious  discipline  is  observed  according  to  the  constitu- 
tions, whether  in  faith  or  morals  there  is  fault  to  be  found, 
whether  the  enclosure  is  observed,  whether  the  Sacraments 
are  received  as  frequently  as  they  should.  If  the  superiors, 
after  having  been  admonished  to  correct  abuses,  have  not 
done  their  duty  he  himself  may  take  the  matter  in  hand.  If, 
however,  anything  of  greater  importance  arises  which  does 
not  suffer  any  delay,  he  may  give  his  orders  but  he  must  re- 
port to  the  Holy  See  what  he  has  done  in  the  matter.  (Canon 
618.) 

464.  In  all  matters  in  which  religious  are  subject  to  the 
bishop  they  may  also  be  punished  by  him  with  ecclesiastical 
penalties.     (Canon  619.) 

465.  By  an  indult  legitimately  granted  by  the  Ordinary 
to  the  people  of  the  diocese,  the  religious  living  in  the  diocese 
are  also  freed  from  the  obligation  of  the  common  law  from 
which  dispensation  was  granted,  saving  the  vows  and  the 
constitutions  of  the  various  Orders  or  congregations.   (Canon 
620.) 

466.  Regulars  who  are  by  their  institution  mendicants 
and  live  as  such,  may  in  the  diocese  in  which  they  have  a 
house  go  begging  for  alms  with  the  sole  permission  of  their 
superiors.     Outside  the  diocese  they  need  the  written  per- 
mission of  the  Ordinary  of  the  diocese. 

This  permission  the  Ordinaries  of  nearby  dioceses 
should  not  deny,  nor  recall,  except  for  grave  and  urgent  rea- 
sons, if  the  religious  house  cannot  get  sufficient  support  from 
the  alms  collected  in  its  own  diocese.  (Canon  621.) 


124  THE  NEW  CANON  LAW 

467.  All  other  congregations  of  papal  law  are  forbidden 
to  collect  alms  without  special  permission  of  the  Holy  See. 
If  they  have  obtained  this  permission,  they  need,  moreover, 
the  written  consent  of  the  local  Ordinary,  unless  the  papal  in- 
dult  states  otherwise. 

A  diocesan  congregation  must  have  permission  to  ask 
for  alms  of  both  the  bishop  in  whose  diocese  their  house  is 
located  and  the  bishop  in  whose  diocese  they  wish  to  go 
begging. 

Religious  congregations  should  not  be  allowed  to  go 
begging  except  when  it  is  really  necessary,  and  if  it  suffices 
for  their  needs  to  beg  in  the  place  or  diocese  where  the  house 
is  located,  permission  to  go  to  other  places  or  dioceses  should 
not  be  given  them. 

Latin  Ordinaries  should  not  allow  any  of  the  Orientals 
of  any  Order  or  any  ecclesiastical  dignity  to  collect  money  in 
their  diocese  unless  these  men  have  an  authentic  and  recent 
rescript  of  the  S.  Congregation  for  the  Oriental  Church. 
Bishops  of  the  Latin  Rite  should  not  let  their  subjects  go 
into  an  Oriental  diocese  for  alms.  (Canon  622.) 

468.  Superiors  are  not  allowed  to  send  out  for  alms  any 
other  than  professed  members  of  mature  age,  especially  when 
there  is  question  of  sisters,  and  never  should  they  send  out 
religious  engaged  in  studies.     (Canon  623.) 

469.  As  to  the  manner  of  going  out  begging  for  alms 
the  religious  of  either  sex  must  observe  the  instructions  that 
have  been  issued  before  by  the  Holy  See.    (Canon  624.) 

470.  The  regular  abbots  in  charge  of  an  abbey  must 
within  three  months  from  their  election  receive  the  blessing 
from  the  bishop  of  the  diocese  in  which  the  abbey  is  situated. 
After  the  reception  of  the  blessing  they  have  the  power  to 
confer  the  first  tonsure  and  minor  orders  according  to  Canon 
964,  and  enjoy  also  the  privileges  mentioned  in  Canon  325, 
with  the  exception  of  the  purple  skull  cap.     (Canon  625.) 

CHAPTER  III. 

Duties  and  Privileges  of  a  Religious  Promoted  to  an  Eccle- 
siastical Dignity,  or  to  Rectorship  of  a  Parish. 

471.  The  religious  cannot  without  indult  of  the  Holy 


DUTIES  AND  PRIVILEGES  OF  RELIGIOUS       125 

See  be  promoted  to  dignities,  offices  or  benefices  incompa- 
tible with  the  religious  state. 

A  religious  legitimately  elected  by  some  college  to  such 
offices  cannot  assent  to  the  election  without  the  permission 
of  his  superior. 

If  the  religious  is  held  by  vow  not  to  accept  dignities,  a 
special  dispensation  of  the  Roman  Pontiff  is  required. 
(Canon  626.) 

472.  The  religious  raised  to  the  Cardinalate  or  the  epis- 
copate, whether  residential  or  titular,  continues  to  enjoy  the 
privileges  of  his  Order,  and  remains  subject  to  the  vows  and 
other  obligations  of  his  profession,  with  the  exception  of 
those  things  which  according  to  his  judgment  are  not  com- 
patible with  his  dignity.     Other  exceptions  are  contained  in 
the  following  Canon. 

He  is,  however,  exempt  from  the  authority  of  his  su- 
periors, and,  as  far  as  his  vow  of  obedience  is  concerned,  he 
becomes  subject  solely  to  the  Roman  Pontiff.  (Canon  627.) 

473.  The  religious  who  has  been  raised  to  the  dignity 
of  the  episcopate  or  any  other  outside  his  own  Order: 

1.  If  he  by  his  profession  lost  the  ownership  of  goods, 
he  gets  the  use,  usufruct  and  administration  of  the  goods 
which  he  acquires;  the  proprietorship  of  goods  acquired  by 
a  residential  bishop,  Vicar-,  or  Prefect-Apostolic  belongs  to 
the  diocese,  vicariate  or  prefecture,  the  proprietorship  of  the 
goods  of  titular  bishops,  or  any  others  not  mentioned  above, 
goes  to  the  Holy  See,  according  to  the  rules  of  Canons  582 
and  239,  §  1,  n.  19. 

2.  If  he  did  not  lose  proprietorship  by  his  profession,  he 
regains  the  use,  usufruct  and  administration  of  the  goods  he 
had,  and  those  he  acquires  afterwards  he  acquires  for  himself 
with  full  right. 

In  both  cases  he  must  dispose  of  those  goods  which  do 
not  come  to  him  in  consideration  of  his  own  person  according 
to  the  will  of  the  donors.  (Canon  628.) 

474.  When  he  abdicates  the  Cardinalate  or  episcopate 
or  has  finished  the  office  outside  the  Order  committed  to  him 
by  the  Holy  See,  the  religious  is  bound  to  return  to  the  Or- 
der. 

A  Cardinal  or  a  bishop  returning  to  his  Order  may 


126  THE  NEW  CANON  LAW 

choose  any  house  of  his  Order  where  he  wishes  to  stay  but 
he  has  neither  active  nor  passive  vote.    (Canon  629.) 

475.  The  religious  who  rules  a  parish  with  the  title  of 
either  pastor  or  vicar,  remains  bound  to  the  observance  of  the 
vows  and  constitutions  in  as  far  as  their  observance  is  pos- 
sible in  performing  the  duties  of  his  office. 

Wherefore  in  those  things  which  pertain  to  the  religious 
discipline  he  is  subject  to  the  religious  superior  to  whom 
alone  it  belongs,  to  the  exclusion  of  the  Ordinary,  to  inquire 
concerning  his  observance  of  the  religious  life  and  to  punish 
him. 

The  goods  wrhich  come  to  him  in  consideration  of  the 
parish  which  he  governs,  he  acquires  for  the  parish,  other 
goods  he  acquires  in  the  same  manner  as  other  religious  of 
his  Order  or  congregation. 

Notwithstanding  his  vow  of  poverty  he  is  allowed  to  ac- 
cept and  collect  and  administrate  alms  for  the  benefit  of  the 
parishioners,  or  for  the  Catholic  school,  or  other  pious  insti- 
tutes connected  with  the  parish.  He  may  also  according  to 
his  judgment  spend  those  alms  in  accordance  with  the  inten- 
tion of  the  donors.  The  superior,  however,  has  the  right  to 
watch  the  doings  of  the  pastor.  To  collect,  accept,  keep  and 
administrate  alms  for  the  building,  conservation,  repair  or 
decoration  of  the  parish  church  belongs  to  the  superior  if  the 
church  is  owned  by  the  religious  community;  otherwise  to 
the  bishop.  (Canon  630.) 

476.  Such  a  pastor  or  vicar  is  subject  to  the  visitation, 
correction  and  entire  jurisdiction  of  the  bishop,  like  any  other 
pastor,  excepting  only  the  question  of  his  religious  observ- 
ances.    The  bishop  has  this  power  over  a  religious  pastor 
even  though  he  is  pastor  in  the  place  where  the  major  su- 
perior has  his  ordinary  residence. 

The  bishop  when  rinding  the  pastor  neglectful  in  his 
office  can  issue  commands  and  punish  him  with  ecclesiastical 
penalties.  The  religious  superior,  however,  has  the  same 
right  as  the  bishop  to  proceed  against  the  neglectful  pastor. 
If  the  bishop  and  the  superior  disagree,  the  orders  of  the 
bishop  prevail. 

Both  the  bishop  and  the  religious  superior  have  equal 
rights  in  removing  the  pastor,  and  neither  has  to  give  a  rea- 


TRANSITION  TO  ANOTHER  ORDER  127 

son  to  the  other,  as  Canon  454,  §  5,  states.  As  regards  con- 
tracts and  investments,  etc.,  concerning  the  goods  of  the 
parish  the  bishop's  consent  is  required  as  demanded  by 
Canons  533,  §  1,  n.  4,  and  535,  §  3,  n.  2.  (Canon  631.) 

TITLE  XIV. 
Transition  to  another  Order. 

477.  A  religious  cannot  go  over  to  another  Order,  even 
a  stricter  one,  nor  from  one  independent  monastery  to  an- 
other, without  permission  from  the  Holy  See.    (Canon  632.) 

478.  The  religious  who  goes  over  to  another  Order 
must  make  the  novitiate,  during  which  the  vows  he  has  taken 
in  the  first  Order  continue,  but  the  particular  duties  and  priv- 
ileges of  that  Order  are  suspended.     He  is  held  to  obey  the 
superiors  and  the  master  of  novices  of  the  new  Order  also  in 
virtue  of  the  vow  of  obedience. 

If  he  does  not  make  profession  in  the  Order  to  which  he 
goes  over,  he  must  return  to  the  former  Order,  unless  his 
temporary  vows  have  expired  in  the  meantime. 

The  religious  who  goes  over  from  one  monastery  to  an- 
other of  the  same  Order,  for  instance  if  a  religious  of  the 
Order  of  St.  Benedict  obtains  papal  indult  to  join  another 
Benedictine  abbey,  need  not  make  again  novitiate  and  pro- 
fession. (Canon  633.) 

479.  A  religious  in  solemn  or  simple  perpetual  vows, 
who  obtains  the  papal  indult  to  join  another  religious  organi- 
zation with  solemn  or  perpetual  simple  vows,  shall  after  the 
completion  of  the  novitiate  in  the  new  Order  or  congregation 
take  immediately  either  solemn  or  perpetual  simple  vows,  or, 
if  rejected,  return  to  his  former  Order  or  congregation.    The 
superior  has  the  right  to  prolong  the  time  of  novitiate  for  an- 
other year,  but  no  longer.     (Canon  634.)     This  Canon  is  an 
exception  to  the  rule  of  Canon  574  which  demands  that  in  all 
religious  communities  temporary  vows  should  be  made  be- 
fore a  person  is  admitted  to  solemn  or  simple  perpetual  vows. 
It  may  be  noted,  also,  that  this  Canon  refers  only  to  religious 
who  join  another  Order  or  congregation  while  they  are  under 
vows.     If  they  obtained  a  dispensation  from  their  vows  and 
after  that  the  permission  to  enter  another  Order  or  congre- 
gation, they  must  follow  the  law  of  Canon  574. 


128  THE  NEW  CANON  LAW 

480.  Those  religious  who  go  over  to  another  monastery 
of  the  same  Order,  shall  from  the  day  of  transition,  and  those 
who  go  to  a  different  Order,  shall  from  the  day  of  profession 
in  that  Order: 

1.  Lose  all  rights,  and  are  freed  from  all  obligations,  of 
the  former  Order  or  monastery,  and  acquire  the  rights  and 
are  subject  to  the  obligations  of  the  new  Order,  or  monas- 
tery. 

2.  The  former  Order  or  monastery  retains  the  goods  of 
which  it  has  already  acquired  ownership  on  account  of  the 
religious.    As  regards  the  dowry  and  its  revenue,  and  other 
personal  goods  which  the  religious  might  have,  the  rule  of 
Canon  551,  §  2,  is  to  be  observed.     The  new  Order  has  the 
right  to  demand  some  compensation  for  maintenance  of  the 
religious  during  the  year  of  novitiate,  if  the  Order  is  accord- 
ing to  Canon  570,  §  1,  allowed  to  accept  compensation  for 
the  maintenance  of  novices.    (Canon  635.) 

481.  If  a  religious  with  solemn  vows  has  obtained  per- 
mission to  join  a  congregation  with  simple  vows,  his  former 
solemn  vows  are  dissolved  by  the  very  taking  of  simple  vows 
in  the  congregation,  unless  the  papal  indult  expressly  states 
the  contrary.    (Canon  636.) 

TITLE  XV. 
Departure  from  Religious  Life. 

482.  The  religious  who  has  taken  temporary  vows  may 
freely  leave  religious  life  when  the  time  of  the  vows  has  ex- 
pired.   The  superior  may  also  for  good  reason  refuse  to  let 
the  religious  take  again  temporary  or  perpetual  vows  and 
dismiss  him,  except  for  reason  of  illness,  unless  it  can  be 
proved  that  he  had  the  malady  before  entering  and  inten- 
tionally deceived  the  Order  or  congregation.     (Canon  637.) 

483.  The  indult  to  live  outside  the  cloister,  whether 
temporary,  called  the  indult  of  exclaustration,  or  perpetual, 
called  secularization,  can  only  be  given  by  the  Holy  See  for 
Orders  and  for  congregations  of  papal  law.     For  diocesan  con- 
gregations the  local  Ordinary  can  give  this  indult.     (Canon 
638.) 

484.  A  religious  who  obtained  from  the  Holy  See  the 


DEPARTURE  FROM  RELIGIOUS  LIFE  129 

indult  of  exclaustration  is  held  to  the  observance  of  his  reli- 
gious duties,  in  so  far  as  they  can  be  observed  in  his  condi- 
tion, but  he  is  not  allowed  to  wear  the  religious  garb.  Dur- 
ing the  time  of  the  temporary  secularization  he  has  neither 
active  nor  passive  vote  in  the  Order  but  he  enjoys  the  purely 
spiritual  privileges  of  his  Order,  and,  as  regards  his  vow  of 
obedience,  he  becomes  subject  to  the  bishop  in  place  of  the 
superiors  of  the  Order.  (Canon  639.) 

485.  The  religious  who  obtains  an  indult  of  seculariza- 
tion and  leaves  the  Order: 

1.  Becomes  separated  from  his  Order,  and  cannot  wear 
the  exterior  garb  of  the  Order;  in  Holy  Mass  and  the  Divine 
office,  and  in  the  reception  of,  and  administration  of,  the 
Sacraments  he  is  equalled  to  the  seculars. 

2.  He  is  free  from  the  vows  but  if  he  is  in  sacred  orders 
he  is  held  to  the  obligations  of  clerics  in  major  orders;  he  is 
not  held  to  the  recitation  of  the  Divine  office  by  reason  of 
his  profession,  nor  to  the  other  rules  and  regulations  of  reli- 
gious life. 

If  the  secularized  religious  is  again  received  into  the 
Order  or  congregation,  for  which  an  Apostolic  indult  is  re- 
quired, he  must  make  the  novitiate  and  profession  and  take 
his  place  in  the  community  from  the  day  of  the  new  profes- 
sion. (Canon  640.) 

486.  If  a  religious  in  major  orders  did  not  lose  his  dio- 
cese, as  determined  by  Canon  585,  and  he  returns  to  the 
world,  either  at  the  expiration  of  his  temporary  vows  or  by 
indult  of  secularization,  he  must  go  to  his  own  diocese  and 
the  Ordinary  is  bound  to  receive  him.    If  he  has  lost  his  dio- 
cese, namely  by  taking  perpetual  vows,  he  cannot  exercise 
his  major  orders  after  having  left  the  Order  unless  he  finds 
a  bishop  willing  to  receive  him,  or  the  Holy  See  has  made 
other  provision. 

The  bishop  may  receive  the  secularized  religious  either 
unconditionally  or  for  a  three  years'  experiment.  If  received 
unconditionally,  the  religious  becomes  then  and  there  incor- 
porated in  that  diocese;  in  the  other  case  the  bishop  can  pro- 
long the  time  of  probation,  not,  however,  for  more  than 
another  term  of  three  years.  When  the  second  term  of  three 
years  has  expired  the  religious  becomes  ipso  facto  incorpo- 


130  THE  NEW  CANON  LAW 

rated,  unless  he  has  been  dismissed  before  the  end  of  the 
term.    (Canon  641.) 

487.  Every  secularized  religious  who  may  according  to 
Canon  641  exercise  the  sacred  ministry  is  nevertheless  for- 
bidden without  a  new  and  special  indult  of  the  Holy  See : 

1.  To  obtain  any  benefice  in  major  and  minor  basilicas 
and  in  the  cathedral  church. 

2.  To  obtain  any  professorship  or  office  in  the  major  and 
minor  seminaries  and  in  colleges  in  which  clerics  are  edu- 
cated, as  also  in  any  university  or  institution  which  by  papal 
indult  confers  academic  degrees. 

3.  To  obtain  any  office  or  position  in  the  Curia  of  the 
bishop,  or  in  religious  houses  both  of  men  or  women,  even 
when  there  is  question  of  diocesan  congregations. 

These  rules  apply  also  to  those  men  and  women  who 
have  taken  temporary  vows,  or  the  oath  of  perseverance,  or 
certain  special  promises  according  to  the  constitutions  of 
their  organizations,  and  have  been  dispensed  from  them, 
after  they  lived  in  them  for  fully  six  years.  (Canon  642.) 

488.  Religious  who  leave  their  Order  or  congregation 
at  the  expiration  of  the  temporary  vows,  or  by  indult  of  secu- 
larization, or  being  dismissed,  cannot  ask  for  any  compensa- 
tion for  work  done  for  the  Order  or  congregation. 

However,  if  a  religious  woman  had  been  received  with- 
out a  dowry  and  has  no  goods  of  her  own,  the  religious  or- 
ganization is  held  by  charity  to  give  her  what  is  necessary 
to  reach  her  home  in  a  safe  and  respectable  manner,  and  to 
provide,  according  to  natural  equity,  for  some  time  a  respec- 
table living.  This  arrangement  is  to  be  made  by  common 
consent  and  in  case  of  disagreement  the  bishop  is  to  decide 
what  equity  demands  in  the  case  of  a  woman  who  has  no 
means  of  her  own,  until  she  can  get  work  or  position. 
(Canon  643.) 

489.  An  apostate  is  a  religious  with  either  simple  per- 
petual or  solemn  vows  who  unlawfully  leaves  the  religious 
house  with  intention  not  to  return,  or  he  who  had  indeed  per- 
mission to  go  out  but  fails  to  return  because  he  wants  to 
withdraw  from  the  religious  obedience. 

The  evil  intention  to  separate  himself  from  the  religious 
life  is  presumed  by  law  if  the  religious  does  not  return  within 


DISMISSAL  OF  RELIGIOUS  131 

a  month,  nor  has  notified  his  superior  of  his  intention  to  re- 
turn. 

A  fugitive  is  a  religious  who  leaves  the  house  without  the 
permission  of  the  superiors  but  has  the  intention  to  return. 
(Canon  644.) 

490.  The   apostate  and  the   fugitive  are  not  released 
from  the  obligation  of  observing  the  Rule  and  vows  and  have 
the  duty  to  return  without  delay. 

The  superiors  have  the  duty  of  searching  for  them  and 
to  receive  them  if  they  return  with  true  repentance.  In  case 
of  a  sister  who  has  become  an  apostate  or  fugitive,  the  Ordi- 
nary shall  take  the  necessary  steps  for  her  return,  and  in  case 
of  exempt  nuns  also  the  regular  superior,  (Canon  645.) 

TITLE  XVI. 
Dismissal  of  Religious. 

491.  Religious  are  to  be  considered  dismissed  ipso  facto 
in  the  following  cases : 

1.  In  public  apostasy  from  the  Catholic  faith. 

2.  If  the  religious  elopes  with  a  woman,  or  the  religious 
sister  with  a  man. 

3.  Those  attempting,  or  contracting,  marriage,  or  con- 
cluding a  so-called  civil  marriage  bond. 

In  these  cases  it  suffices  that  the  major  superior  with  his 
Chapter  or  council,  as  the  constitutions  may  demand,  makes 
a  declaration  of  the  fact.  He  shall,  however,  take  care  that 
the  proofs  of  the  fact  which  were  collected  are  preserved  in 
the  archives  of  the  house.  (Canon  646.) 

CHAPTER  I. 
Dismissal  of  Religious  with  Temporary  Vows. 

492.  The   professed    religious   with    temporary   vows, 
both  in  Orders  and  congregations  of  papal  law,  can  be  dis- 
missed by  the  supreme  head  of  the  organization,  or  the  abbot 
of  an  independent  monastery,  with  the  consent  of  their  re- 
spective council,  to  be  expressed  by  secret  vote.     In  monas- 
teries of  nuns  the  Ordinary,  or  if  the  house  is  subject  to  the 
regulars,  the  regular  superior,  can  dismiss  the  nun,  after  the 
superioress  of  the  monastery  with  her  council  have  in  writing 
attested  the  reasons  for  dismissal.     In  diocesan  congrega- 


132  THE  NEW  CANON  LAW 

tions  the  bishop  in  whose  diocese  the  house  is  situated  has 
the  right  to  dismiss  sisters  but  he  should  not  make  use  of  that 
right  without  the  knowledge  nor  against  the  reasonable  ob- 
jection of  the  superioress. 

The  aforesaid  persons  cannot  exercise  the  right  of  dis- 
missal unless  they  conscientiously  observe  the  following 
points : 

1.  The  reasons  for  dismissal  must  be  serious. 

2.  There  may  be  reasons  either  on  the  part  of  the  reli- 
gious or  on  the  part  of  the  organization.     The  want  of  a 
religious  spirit  which  is  a  scandal  to  others  is  sufficient  rea- 
son for  dismissal,  if  admonition  together  with  penance  did 
not  have  any  result.     Poor  health  is  no  reason,  except  it  is 
known  with  certainty  that  the  malady  had  before  profession 
been  intentionally  concealed. 

3.  The  reason  for  dismissal  must  be  known  with  cer- 
tainty to  the  superior,  but  a  formal  canonical  trial  is  not  re- 
quired.   The  religious  must  be  told  of  the  reasons  why  he  is 
dismissed,  and  be  given  a  chance  to  freely  answer  concern- 
ing the  charges,  and  his  answer  must  in  full  be  given  to  the 
superior  who  has  the  right  of  dismissal. 

4.  Against  the  decree  of  dismissal  the  religious  has  the 
right  to  appeal  to  the  Holy  See,  and,  pending  the  appeal,  the 
dismissal  has  no  juridical  effect. 

5.  In  reference  to  a  dismissed  sister  Canon  643,  §  2, 
is  to  be  observed.    (Canon  647.) 

493.  The  religious  who  has  been  dismissed  according 
to  the  preceding  Canon  is  ipso  facto  solved  from  the  vows  of 
religion;  the  cleric  in  major  orders,  however,  is  subject  to 
the  obligations  of  those  orders  and  to  the  other  regulations 
of  Canons  641,  §  1,  and  642.     The  cleric  in  minor  orders  is 
by  the  very  dismissal  reduced  to  the   state  of  the  laity. 
(Canon  648.) 

CHAPTER  II. 

Dismissal  of  Religious  with  Perpetual  Vows  in  Non-exempt 
Clerical  and  in  All  Laical  Organizations. 

494.  In  non-exempt  clerical  and  in  all  laical  Orders  or 
congregations  of  men,  a  religious  with  perpetual  vows  can- 
not be  dismissed  unless  he  has  previously  committed  three 


DISMISSAL  OF  RELIGIOUS  133 

crimes  and  been  twice  admonished  without  result,  according 
to  the  rules  of  Canons  656-662.     (Canon  649.) 

495.  §  1.     When  such  a  threefold  crime  has  been  com- 
mitted, the  supreme  head  of  the  Order  or  congregation,  to- 
gether with  his  council  shall,  considering  all  circumstances, 
discuss  whether  there  is  cause  for  dismissal. 

§  2.     If  the  majority  of  the  votes  is  in  favor  of  dismissal : 

1.  In  diocesan  congregations  the  entire  matter  is  to  be 
referred  to  the  Ordinary  of  the  diocese  where  the  house  of 
the  religious  is  situated,  who  may  decide  as  he  sees  fit,  ac- 
cording to  Canon  647. 

2.  In  a  clerical  congregation  of  papal  law  the  supreme 
head  of  the  congregation  itself  issues  the  decree  of  dismissal, 
but  in  order  to  have  effect  it  must  be  confirmed  by  the  Holy 
See. 

§  3.  The  religious  has  a  right  to  freely  defend  himself, 
and  his  defense  must  be  faithfully  entered  in  the  acts  of  the 
proceeding.  (Canon  650.) 

496.  To  dismiss  religious  women  with  perpetual  vows 
either  simple  or  solemn,  there  are  likewise  serious  external 
causes  required,  together  with  incorrigibility,  and  time  for 
amendment  must  have  been  granted  so  that  the  superioress 
may  judge  of  the  hopelessness  of  further  experiment. 

The  rule  of  Canon  650,  §  3,  is  to  be  observed  also  in  the 
dismissal  of  sisters.  (Canon  651.) 

497.  If  there  is  question  of  diocesan  congregations,  the 
Ordinary  of  the  place  where  the  house  of  the  professed  sister 
is  located,  has  the  right  to  examine  the  reasons  for  dismissal, 
and  to  issue  the  decree  of  dismissal. 

If  there  is  question  of  solemn  professed  sisterhoods,  the 
local  Ordinary  shall  send  all  acts  and  documents  to  the 
Sacred  Congregation,  together  with  his  opinion  on  the  case, 
and  that  of  the  regular  superior  also  if  the  monastery  is  sub- 
ject to  the  regulars. 

If  there  is  question  of  religious  congregations  of  women 
under  papal  law,  the  Mother-General  shall  refer  the  matter 
of  dismissal  to  the  Sacred  Congregation,  with  all  acts  and 
documents.  The  Sacred  Congregation  will  then,  in  this  as 
in  the  preceding  case,  decide  whatever  seems  best  to  it. 


134  THE  NEW  CANON  LAW 

Canon  643,  §  2,  must  be  observed  in  case  the  sister  is  dis- 
missed.   (Canon  652.)) 

498.  In  cases  of  scandal  to  the  outside  world,  or  of  very 
great  harm  to  the  religious  community,  a  delinquent  reli- 
gious can  be  dismissed  at  once  by  the  major  superior  with 
his  council,  or  in  case  there  is  danger  in  the  delay  and  the 
major  superior  cannot  be  reached  in  time,  the  local  superior 
with  the  consent  of  his  council  and  of  the  bishop  of  the  dio- 
cese, can  dismiss  the  religious.    The  matter  must,  however, 
be  submitted  without  delay  to  the  Holy  See,  either  by  the 
bishop  or  by  the  major  superior,  if  he  is  present.     (Canon 
653.) 

CHAPTER  III. 

The  Canonical  Trial  in  the  Dismissal  of  Religious  with  Per- 
petual or  Solemn  Vows  in  a  Clerical  Exempt 
Religious  Organization. 

499.  A  religious  man  who  has  taken  perpetual  or  solemn 
vows  in  a  clerical  exempt  Order  or  congregation  shall  not  be  dis- 
missed except  by  the  process  of  a  canonical  trial.    The  exceptions 
of  immediate  dismissal  mentioned  in  Canons  C46,  668  hold  good 
also  in  this  case.    Otherwise  all  contrary  privileges  are  revoked. 
(Canon  654.) 

500.  The  supreme  head  of  the  Order,  or  the  Abbot  Gen- 
eral of  a  monastic  congregation,  with  their  council  or  Chapter 
of  at  least  four  religious,  is  competent  to  issue  the  decree  of  dis- 
missal.    If  there  are  not  at  hand  four  consultors,  the  superior 
with  the  consent  of  the  other  consultors  shall  chose  the  required 
number  of  men  who  will  act  as  judges  with  the  superior. 

The  superior  shall  nominate  the  promoter  of  justice  with 
the  consent  of  his  council  according  to  Canon  1589,  §  2,  which 
prescribes  that  the  promotor  must  be  a  priest  of  the  same  Order. 
(Canon  655.) 

501.  A  canonical  trial  cannot  be  instituted  unless  there 
have  preceded : 

1.  Grave  external  crimes,  either  against  the  common  law 
or  the  law  for  the  religious. 

2.  The  admonitions. 

3.  Failure  to  amend.     (Canon  656.) 

502.  The  crimes  must  be  at  least  three  in  number  and  of 


DISMISSAL  OF  RELIGIOUS  135 

the  same  species,  or,  if  of  a  different  species,  such  that,  taken  to- 
gether, manifest  the  perverse  will  and  obstinacy  in  sin.  It  may 
also  be  one  continued  crime  which  virtually  becomes  threefold 
by  the  admonitions.  (Canon  657.) 

503.  In  order  to  issue  the  admonitions  it  is  required  that 
the  crime  is  either  notorious,  or  that  it  is  known  by  extra  judicial 
confession,  or  by  sufficient  proof  furnished  by  previous  investi- 
gation. 

If  the  crime  is  neither  notorious  nor  altogether  certain,  but 
only  a  rumor  and  public  talk,  or  it  has  become  known  by  denun- 
ciation, or  by  complaint  for  damages,  or  by  the  general  investi- 
gation made  by  the  superior,  or  any  other  way,  there  must  be 
first  a  special  investigation  instituted  in  order  that  it  may  become 
certain  whether  the  individual  has  committed  the  crime,  and  what 
proof  there  is  for  it.  (Canon  658.)  (Cf.  Canon  1939.) 

504.  The  admonition  must  be  made  by  the  major  superior, 
either  in  person  or  through  another  by  his  command.    The  com- 
mand to  issue  the  admonition  should  not  be  given  until  after  due 
investigation  by  the  major  superior,  according  to  Canon  658,  §  1 ; 
but  the  delegation  once  given  for  the  first  admonition  holds  good 
also  for  the  second.     (Canon  659.) 

505.  There  must  be  at  least  two  admonitions,  one  for  each 
of  the  first  two  crimes.     In  crimes  which  are  continued  or  per- 
manent it  is  required  that  there  is  an  interval  of  at  least  three 
days  between  the  first  and  second  admonition.     (Canon  660.) 

506.  To  the  admonitions  the  superior  must  add  exhorta- 
tion and  penances  and  other  penal  remedies  which  are  judged 
appropriate  for  amendment  and  reparation  of  scandal. 

The  superior  is,  moreover,  held  to  take  the  guilty  religious 
out  of  the  occasions  of  sin,  even  by  transferring  him,  if  neces- 
sary, to  another  house  where  he  can  be  better  watched  and  where 
the  occasion  of  relapse  is  more  remote. 

To  each  of  the  admonitions  must  be  added  the  threat  of  ex- 
pulsion. (Canon  661.) 

507.  The  religious  is  judged  to  have  failed  to  amend,  when 
after  the  second  admonition  he  commits  a  new  crime  or  con- 
tinues in  the  same  crime.    After  the  second  admonition  six  days 
at  least  must  elapse  before  further  proceedings  can  be  instituted. 
(Canon  662.) 

508.  The  immediate  major  superior,  after  the  admonitions 


136  THE  NEW  CANON  LAW 

and  corrections  have  proved  a  failure,  shall  carefully  collect  the 
acts  and  documents  and  send  them  to  the  supreme  head  of  the 
Order  or  congregation.  The  General  shall  give  the  documents 
to  the  promotor  of  justice  who  must  examine  them  and  draw  his 
conclusion.  (Canon  663.) 

509.  The  promotor  of  justice  has  the  right  to  institute 
further  investigations  if  he  thinks  it  proper.     If  he  concludes 
that  accusation  should  be  made  against  the  religious,  the  canoni- 
cal process  must  be  instituted  according  to  the  rules  of  the 
Canons  in  the  First  Part  of  the  Fourth  Book. 

In  the  process  must  be  proved  the  commission  of  the  crime, 
the  issuing  of  the  admonitions,  and  the  failure  of  amendment. 
(Canon  664.) 

510.  The  tribunal,  after  due  consideration  of  the  charges 
of  the  promotor  of  justice  and  the  defense  of  the  accused,  and  of 
the  points  mentioned  in  the  preceding  Canon,   §  2,  shall  pro- 
nounce the  sentence  of  dismissal.     (Canon  665.) 

511.  The  sentence  cannot  be  executed  unless  it  is  con- 
firmed by  the  Sacred  Congregation,  to  which  the  superior  Gen- 
eral shall  as  soon  as  possible  send  the  sentence  and  all  acts  of  the 
process.     (Canon  666.) 

512.  For  distant  countries  the  General  can,  with  the  con- 
sent of  his  council,  also  for  ordinary  cases  delegate  the  power  of 
dismissal  to  trustworthy  religious  who  must  be  at  least  three  in 
number  and  who  must  observe  the  rules  of  Canons  663-666. 
(Canon  667.) 

513.  In  the  case  mentioned  in  Canon  653,  the  religious  can 
be  dismissed  immediately  by  the  major  superior,  or,  if  there  is 
danger  in  the  delay  and  the  major  superior  cannot  be  reached  in 
time,  by  the  local  superior  with  his  council.    The  religious  must 
not  wear  the  habit  after  being  dismissed.     The  canonical  trial, 
if  not  yet  instituted,  must  be  commenced  at  once,  according  to 
the  preceding  Canons.     (Canon  668.) 

CHAPTER  IV. 
Dismissed  Religious  Who  Had  Taken  Perpetual  Vows. 

514.  The  professed  religious  of  perpetual  vows  remains 
bound  to  his  vows  after  the  dismissal,  unless  the  constitutions  of 


DISMISSAL   OF  RELIGIOUS  137 

the  Order  or  congregation,  or  an  indult  of  the  Holy  See,  declare 
the  vows  dissolved. 

If  the  dismissed  religious  is  a  cleric  in  minor  orders,  he  is 
by  the  very  dismissal  reduced  to  the  state  of  the  laity.  (Canon 
669.) 

515.  The  cleric  in  major  orders  who  committed  one  of  the 
crimes  enumerated  in  Canon  646,  or  who  was  dismissed  on  ac- 
count of  a  crime  to  which  the  law  attaches  loss  of  good  reputa- 
tion or  degradation,  is  forbidden  forever  to  wear  the  clerical 
garb.     ( Canon  670. ) 

516.  If  he  was  dismissed  for  any  other  crime  than  those 
referred  to  in  the  preceding  Canon : 

1.  He  remains  ipso  facto  suspended  until  he  obtains  abso- 
lution from  the  Holy  See. 

2.  The  Sacred  Congregation  may,  if  it  see  fit,  command 
the  dismissed  religious  to  wear  the  garb  of  the  secular  clergy  and 
stay  in  a  specified  diocese,  informing  the  Ordinary  of  that  dio- 
cese of  the  reasons  for  which  the  religious  was  dismissed. 

3.  If  the  religious  does  not  obey  the  command  spoken  of  in 
the  preceding  paragraph,  the  Order  is  not  responsible  for  him, 
and  he  is  thereby  deprived  of  the  right  to  wear  the  clerical  garb. 

4.  The  Ordinary  of  the  diocese  assigned  for  the  dismissed 
religious  shall  send  him  to  a  house  of  penance  or  commit  him  to 
the  care  and  vigilance  of  a  pious  and  prudent  priest.    If  the  reli- 
gious does  not  obey,  the  bishop  is  not  responsible  for  him  and 
the  ex-religious  forfeits  the  right  to  wear  the  clerical  garb. 

5.  If  the  ex-religious  obeys  the  orders  of  the  Sacred  Con- 
gregation and  of  the  bishop,  the  Order  or  congregation  to  which 
he  belonged  should  through  the  bishop  furnish  him  with  the 
necessary  maintenance,   unless   he  has  an  income   from  other 
sources  to  defray  his  maintenance. 

6.  If  the  dismissed  religious  does  not  lead  a  life  worthy  of 
a  cleric,  the  Ordinary  may  after  one  year  of  trial,  or  also  sooner, 
deprive  him  of  the  maintenance,  order  him  out  of  the  house 
where  he  was  to  stay  for  trial,  and  deprive  him  of  the  right  to 
wear  the  clerical  garb.    The  bishop  shall  at  once  send  notice  of 
this  action  both  to  the  Sacred  Congregation  and  to  the  Order  or 
congregation  from  which  the  cleric  was  dismissed. 

7.  If,  however,  the  dismissed  religious  behaved  so  well 
that  he  can  justly  be  considered  amended,  the  Ordinary  should 


138  THE  NEW  CANON  LAW 

endorse  his  petition  to  the  Holy  See  for  absolution  from  the 
censure  of  suspension,  and  when  he  has  obtained  the  absolution, 
allow  him  in  his  diocese,  with  due  precautions  and  limitations, 
the  celebration  of  Holy  Mass,  and  also,  if  he  sees  fit,  other  func- 
tions of  the  sacred  ministry  by  which  he  may  properly  support 
himself.  After  this  the  Order  may  discontinue  the  charitable 
assistance.  If  he  is  a  deacon  or  sub-deacon,  the  matter  should 
be  referred  to  the  Holy  See.  (Canon  671.) 

517.  The  dismissed  religious  whose  vows  were  not  dis- 
solved must  return  to  his  Order  or  congregation.    If  he  has  for 
three  years  given  signs  of  true  repentance,  the  Order  or  congre- 
gation is  bound  to  receive  him.     If  there  are  serious  reasons, 
either  on  the  part  of  the  dismissed  or  on  the  part  of  the  religious 
organization,  why  his  reception  is  not  desirable,  the  matter  shall 
be  subjected  to  the  judgment  of  the  Holy  See. 

If  the  vows  were  dissolved  by  the  dismissal  and  the  dis- 
missed has  found  a  bishop  willing  to  receive  him,  he  remains  un- 
der the  jurisdiction  and  special  vigilance  of  the  bishop ;  otherwise 
the  matter  shall  be  referred  to  the  Holy  See.  The  bishop  who 
received  the  dismissed  religious  must  observe  Canon  642  in 
reference  to  the  position  he  gives  the  dismissed  religious. 
(Canon  672.) 

TITLE  XVII. 

Societies  of  Men  or  Women  Leading  a  Community  Life 

Without  Vows. 

518.  A  society  of  men  or  women  who  lead  a  community 
life  after  the  manner  of  the  religious  under  proper  superiors,  but 
without  the  three  usual  vows  of  religious  life,  is  not  a  religious 
community  properly  so  called,  nor  are  its  members  religious  in 
the  strict  sense  of  the  term. 

Such  a  society  is  either  clerical  or  laical,  of  papal  law  or 
diocesan,  according  to  Canon  488,  nn.  3,  4.  (Canon  673.) 

519.  The  erection  and  suppression  of  such  a  society  and  of 
its  provinces  and  houses  follows  the  rules  laid  down  for  the 
religious  congregations.     (Canon  674.) 

520.  The  government  of  each  society  is  regulated  by  the 
individual  constitutions.    In  all  of  them,  however,  Canons  499- 
530  must  be  observed.     (Canon  675.) 

521.  The  society  and  its  provinces,  as  well  as  the  indivi- 


SOCIETIES  WITHOUT  VOWS  139 

dual  houses,  are  capable  of  acquiring  and  possessing  temporal 
goods. 

The  administration  of  the  goods  is  regulated  by  the  rules  of 
Canons  532-537. 

Whatever  the  members  of  the  society  acquire  in  considera- 
tion of  the  society,  belongs  to  the  society;  the  other  goods  they 
retain,  acquire  and  administrate  according  to  their  constitutions. 
(Canon  676.) 

522.  In  the  admission  of  candidates  the  constitutions  of 
the  society  shall  be  observed  in  so  far  as  they  are  not  contrary  to 
Canon  542.     (Canon  677.) 

523.  In  the  arrangement  of  studies  and  the  reception  of 
orders  the  members  of  the  society  are  held  to  the  same  laws  as 
the  secular  clergy,  saving  special  regulations  which  the  Holy  See 
may  have  given  to  some  society.     (Canon  678.) 

524.  The  members  of  a  society  are  held  to  the  common 
obligations  of  clerics,  besides  their  special  regulations  contained 
in  the  constitutions,  unless  the  nature  of  the  law,  or  the  context, 
shows  that  the  law  is  not  intended  for  members  of  a  society. 
They  are  also  held  to  the  obligations  of  the  religious  as  outlined 
in  Canons  595-612,  unless  their  constitutions  rule  otherwise. 

They  shall  observe  the  enclosure  according  to  their  constitu- 
tions, under  the  supervision  of  the  local  Ordinary.  (Canon  679.) 

525.  The  members  of  the  society,  both  clerics  and  lay 
brothers,  enjoy  the  privileges  of  clerics  as  contained  in  Canons 
119-123,  and  other  concessions  given  directly  to  the  society. 
They  do  not  have  the  privileges  of  religious  unless  granted  them 
by  special  indult  of  the  Holy  See.     (Canon  680.) 

526.  Besides  the  proper  constitutions  of  individual  societies 
regarding  the  transition  to  another  society  or  another  religious 
body,  and  the  departure  of  members  of  societies  either  diocesan 
or  of  papal  law,  these  matters  shall  with  due  distinction  be  regu- 
lated by  Canons  632-635,  645;  in  reference  to  the  dismissal  of 
members  Canons  646-672  are  to  be  observed.     (Canon  68 J.) 

PART  III. 

THE  LAITY. 

527.  The  laity  has  the  right  to  receive  from  the  clergy  the 
spiritual  benefits  and  specially  the  necessary  means  of  salvation, 
according  to  the  rules  of  ecclesiastical  discipline.     (Canon  682.) 


140  THE  NEW  CANON  LAW 

528.  Laymen  are  not  allowed  to  wear  the  clerical  garb, 
with  the  exception  of  seminarians  and  other  candidates  of  orders 
to  whom  Canon  972,  §  2,  refers,  and  laymen  legitimately  ap- 
pointed to  the  service  of  the  church  while  they  are,  either  within 
the  church  building  or  outside,  engaged  in  the  ministry  of  the 
church.     (Canon  683.) 

TITLE  XVIII. 
General  Regulations  for  Associations  of  the  Faithful. 

529.  The  faithful  deserve  praise  for  joining  associations 
erected,  or  at  least  recommended,  by  the  Church.     They  should 
beware  of  associations  that  are  secret,  condemned,  seditious,  sus- 
pected, or  those  which  strive  to  withdraw  from  the  legitimate 
supervision  of  the  Church.     (Canon  684.) 

530.  Associations  distinct  from  the  religious  organizations 
and  societies  spoken  of  in  Canons  487-681,  can  be  erected  by  the 
Church  either  to  promote  a  more  perfect  Christian  life  among 
its  members,  or  for  the  undertaking  of  works  of  piety  and  charity, 
or,  finally,  for  the  advancement  of  the  public  cult.     (Canon  685.) 

531.  No  society  is  recognized  in  the  Church  unless  it  has 
been  either  erected  by  the  competent  ecclesiastical  authority,  or 
at  least  approved  by  it. 

To  erect  and  approve  societies  is  the  privilege  of  the  Roman 
Pontiff  and  of  the  bishop.  Some  are  by  papal  indult  reserved  to 
others. 

Though  it  can  be  proved  that  a  papal  privilege  was  granted 
to  some  one  to  erect  a  certain  society,  the  consent  of  the  bishop, 
given  in  writing,  is  nevertheless  required  for  the  validity  of  the 
erection  of  a  society.  The  consent  of  the  bishop  given  for  the 
erection  of  a  religious  house  is  valid  also  for  the  erection,  in  that 
house  or  church,  of  a  society  annexed  to  that  Order  or  congrega- 
tion, if  it  is  not  of  the  nature  of  an  organic  body  and  is  proper 
to  the  religious  community. 

A  Vicar  General  by  merely  general  commission,  and  a 
Vicar  Capitular,  cannot  erect  societies,  nor  give  consent  for  their 
erection  or  for  aggregation. 

The  letters  of  erection  given  by  persons  who  in  virtue  of  an 
apostolic  indult  have  the  right  to  erect  certain  societies  must  be 
given  gratis,  excepting  only  a  tax  for  the  necessary  expenses. 
(Canon  686.) 


ASSOCIATIONS  OF  THE  FAITHFUL  141 

532.  The  societies  do  only  then  acquire  the  right  of  a  legal 
person  in  the  Church  when  they  have  obtained  from  the  compe- 
tent ecclesiastical  superior  the  decree  of  erection.     (Canon  687.) 

533.  An  association  should  not  assume  a  name  or  title 
which  savors  of  levity  or  unbecoming  novelty,  or  gives  expres- 
sion to  a  form  of  devotion  not  approved  of  by  the  Holy  See. 
(Canon  688.) 

534.  Every  society  shall  have  its  statutes  approved,  either 
by  the  Holy  See  or  by  the  bishop  of  the  diocese. 

Statutes  that  have  not  been  confirmed  by  the  Holy  See  re- 
main always  subject  to  modification  and  correction  by  the  bishop. 
(Canon  689.) 

535.  All  societies,  even  those  erected  by  the  Holy  See,  are 
under  the  jurisdiction  and  vigilance  of  the  bishop  of  the  diocese, 
unless  there  is  a  special  privilege  of  exemption,  and  the  bishop 
has  the  right  and  the  duty  to  inspect  them. 

Societies,  however,  that  have  been  erected  by  the  religious  in 
their  own  churches  in  virtue  of  an  apostolic  indult,  the  bishop  has 
no  right  to  visit  in  regard  to  internal  discipline  or  spiritual  direc- 
tion of  these  societies.  (Canon  690.) 

536.  A  society  legitimately  erected,  may,  unless  the  con- 
trary has  been  expressly  ordered,  possess  and  administrate  tem- 
poral goods  under  the  authority  of  the  bishop  of  the  diocese,  to 
whom  it  should  render  a  financial  statement  at  least  once  a  year. 
This  is  to  be  done  by  the  society  itself  and  not  by  the  pastor  in 
whose  parish  the  society  is  erected,  unless  the  bishop  has  ordered 
the  pastor  to  make  such  report. 

The  society  may,  according  to  its  statutes,  receive  alms  and 
spend  them  for  the  pious  purposes  of  the  society  and  in  accord- 
ance with  the  intention  of  the  people  who  make  the  offerings. 

No  society  may  collect  alms  unless  either  the  statutes  permit 
it,  or  necessity  require  it,  and  it  has  the  permission  of  the  Ordi- 
nary of  the  diocese  whose  regulations  in  this  matter  must  be  ob- 
served. 

If  the  society  wishes  to  collect  alms  outside  the  diocese,  the 
permission  in  writing  of  the  bishop  in  whose  diocese  it  wishes 
to  collect  must  be  obtained. 

The  society  must  give  to  the  bishop  in  whose  diocese  it  is  es- 
tablished an  exact  account  of  the  alms  collected,  and  how  they 
were  spent.  (Canon  691.) 


142  THE  NEW  CANON  LAW 

537.  In  order  to  participate  in  the  rights,  privileges,  indul- 
gences and  other  spiritual  favors  of  a  society,  it  is  required  that  a 
person  be  validly  received  into  the  society  according  to  the  sta- 
tutes proper  to  the  society,  and  that  one  has  not  legally  been  de- 
prived of  membership.     (Canon  692.) 

538.  Non-Catholics,  members  of  a  condemned  society,  per- 
sons publicly  known  to  be  under  ecclesiastical  censure,  and  in 
general  any  public  sinners  cannot  be  validly  received  into  a  so- 
ciety. 

The  same  person  may  be  ascribed  to  several  societies,  except 
several  Third  Orders  (cf.  Canon  705). 

Absent  persons  cannot  be  enrolled  in  a  society  which  is  con- 
stituted in  the  form  of  an  organic  body,  and  those  present  cannot 
be  received  except  with  their  knowledge  and  consent. 

Religious  may  be  received  into  societies,  except  Third  Or- 
ders, unless  the  laws  of  the  society  are  according  to  the  judgment 
of  the  superiors  incompatible  with  the  observance  of  the  Rule 
and  constitutions  of  the  Order  or  congregation.  (Canon  693.) 

539.  The  reception  should  be  performed  according  to  the 
rules  of  the  common  law  and  the  particular  statutes  of  the  indi- 
vidual societies. 

In  order  that  there  may  be  a  record  of  the  reception  the 
names  should  by  all  means  be  entered  in  the  roll-book  of  the  so- 
ciety and  this  inscription  is  required  for  validity  of  membership 
if  the  society  is  erected  as  a  legal  person.  (Canon  694.) 

540.  On  occasion  of  the  reception  into  a  society  no  pay- 
ment should  be  demanded,  either  directly  or  indirectly,  except  the 
fees  which  the  lawfully  approved  statutes  prescribe,  or  which  the 
Ordinary  of  the  diocese  has  sanctioned  for  reason  of  special  cir- 
cumstances.    (Canon  695.) 

541.  No  member  of  a  society  shall  be  dismissed  from  the 
same  except  for  a  good  reason,  and  in  accordance  with  the  sta- 
tutes. 

Members  who  fall  into  a  case  mentioned  in  Canon  693,  §  1, 
shall  after  previous  admonition  be  deprived  of  membership  in  the 
manner  provided  in  the  statutes  of  the  respective  society.  Re- 
course to  the  bishop  is  open  to  a  member  who  thinks  himself  un- 
justly expelled. 

The  bishop  shall  always  have  the  right  to  dismiss  members 
of  any  society,  even  though  there  is  no  such  provision  in  the  sta- 


ASSOCIATIONS  OF  THE  FAITHFUL  143 

tutes,  and  the  religious  superior  may  dismiss  members  of  societies 
that  are  by  virtue  of  Apostolic  indult  erected  by  religious. 
(Canon  696.) 

542.  Lawfully   erected  societies  have   the   right   to  hold 
meetings,  publish  regulations  for  the  society  itself,  elect  adminis- 
trators of  the  goods  of  the  society,  officers  and  assistants,  in  ac- 
cordance with  the  rules  of  law  and  their  proper  statutes.    Canon 
715  rules  that  the  bishop's  right  of  jurisdiction  over  the  societies 
and  all  their  proceedings  must  be  respected.     (Canon  697.) 

543.  Unless  an  Apostolic  indult  states  the  contrary,  the 
nomination  of  the  moderator  and  the  chaplain  of  societies  which 
are  either  erected  or  approved  by  the  Holy  See,  and  of  societies 
erected  by  religious  in  virtue  of  Apostolic  indult  outside  their  own 
churches,  belongs  to  the  bishop  of  the  diocese.     For  societies 
erected  by  religious  in  their  own  churches  the  moderator  and 
chaplain  are  appointed  by  the  religious;  if,  however,  the  superior 
should  appoint  a  secular  priest  for  these  offices  the  consent  of  the 
bishop  of  the  diocese  is  required. 

The  moderator  and  chaplain  have  for  the  time  of  their  office 
the  faculty  to  bless  the  habit  of  the  society,  its  insignia,  scapu- 
lars, etc.,  and  to  invest  the  new  members  with  them. 

The  moderator  and  chaplain  can  be  removed  from  office  for 
good  reasons  by  those  who  appointed  them,  or  by  their  superiors 
or  their  successors  in  office. 

The  same  priest  can  be  both  moderator  and  chaplain. 
(Canon  698.) 

544.  For  serious  reason  the  bishop  of  the  diocese  can  sup- 
press societies  which  were  erected  either  by  himself  or  by  his 
predecessor,  and  also  societies  erected  by  religious  in  virtue  of 
apostolic  indult  with  consent  of  the  Ordinary.    Recourse  to  the 
Holy  See  is  permitted  to  those  concerned. 

Societies  erected  by  the  Holy  See  itself  can  be  suppressed 
only  by  the  Holy  See.  (Canon  699.) 

TITLE  XIX. 

Particular  Regulations  for  Associations  of  the  Faithful. 

545.  There  are  three  kinds  of  Associations  or  Societies  of 
the    faithful,    namely    Third   Orders   Secular,   Confraternities, 
Pious  Unions.    (Canon  700.) 


144  THE  NEW  CANON  LAW 

546.  The  order  of  precedence  between  the  various  lay  so- 
cieties is  as  follows:  (1)  Third  Orders,  (2)  Archconfraternities, 
(3)    Confraternities,    (4)    Primary   Pious  Unions,    (5)    Pious 
Unions. 

The  Confraternity  of  the  Blessed  Sacrament  precedes  the 
Archconfraternities  in  processions  of  the  Blessed  Sacrament. 

A  society  has  only  then  the  right  of  precedence  when  it 
takes  part  in  ecclesiastical  functions  in  a  body,  under  cross  or 
banner  of  their  own,  and  vested  with  the  insignia  or  the  habit  of 
the  society.  ( Canon  70 1 . ) 

CHAPTER  I. 

Third  Orders  Secular. 

547.  Secular  Tertiaries  are  those  persons  who  in  the  world 
strive  after  Christian  perfection,  under  the  guidance  of,  and  in 
harmony  with,  the  spirit  of  some  Order,  in  a  manner  compatible 
with  the  life  in  the  world  and  according  to  rules  approved  by  the 
Holy  See. 

If  the  Third  Order  Secular  is  divided  into  several  societies 
each  legitimately  established  branch  is  called  a  Sodality  of  Ter- 
tiaries. (Canon  702.) 

548.  No  Order  or  congregation  can  call  into  life  a  Third 
Order.    The  privileges  granted  to  some  Orders  to  have  a  Third 
Order  are  to  continue. 

Though  an  Order  has  the  Apostolic  indult  to  erect  the  Third 
Order,  they  cannot  validly  establish  a  Sodality  of  Tertiaries  in 
any  church  without  the  consent  of  the  bishop  of  the  diocese, 
though  they  may  receive  into  the  Third  Order  individual  per- 
sons, according  to  the  law  of  Canon  686,  §  3. 

The  religious  cannot  allow  the  Sodalities  of  Tertiaries  to 
wear  the  particular  garb  of  that  Third  Order  in  public  sacred 
functions  without  a  special  permission  of  the  bishop.  (Canon 
703.) 

549.  Persons  who  have  taken  vows,  either  perpetual  or 
temporary,  in  some  religious  organization,  cannot  at  the  same 
time  belong  to  any  Third  Order,  though  they  had  been  received 
into  the  Third  Order  before  they  embraced  religious  life. 

When  such  person's  vows  cease  or  are  dissolved,  the  former 
membership  revives.  (Canon  704.) 


CONFRATERNITIES  AND  PIOUS  UNIONS         145 

550.  No  Sodality  of  Tertiaries  can  without  an  Apostolic  in- 
dult  receive  Tertiaries  of  another  Third  Order,  if  they  intend  to 
remain  in  the  former  Third  Order.    Individual  Tertiaries  may  go 
over  from  one  Third  Order  to  another  and  also  from  one  sodality 
to  another  of  the  same  Third  Order.     (Canon  705.) 

551.  The  Tertiaries  may,  but  are  not  obliged  to,  take  part 
in  a  body  in  public  processions,  funerals  and  other  ecclesiastical 
functions.    If,  however,  they  are  present,  they  must  march  under 
their  own  cross,  wearing  the  insignia  of  their  Order.     (Canon 
706.) 

CHAPTER  II. 
Confraternities  and  Pious  Unions. 

552.  Associations  of  the  faithful  erected  for  the  exercise 
of  some  work  of  piety  or  charity  come  under  the  name  of  Pious 
Unions;. if  these  associations  are  established  after  the  manner  of 
an  organic  body  they  are  called  in  law  Sodalitia. 

Sodalitia  which  have,  morever,  for  their  purpose  the  fur- 
therance of  Divine  worship  are  called  Confraternities.  (Canon 
707.) 

553.  Confraternities  can  be  erected  only  by  a  formal  decree 
of  erection.    For  the  erection  of  Pious  Unions  the  approval  of 
the  Ordinary  is  sufficient,  which  entitles  them  to  gain  spiritual 
favors,  especially  indulgences.     (Canon  708.) 

554.  The  members  of  a  confraternity  cannot  take  part  in  a 
body  in  sacred  functions  unless  they  wear  the  insignia  or  the 
habit  of  the  confraternity. 

Women  can  be  enrolled  in  confraternities  for  the  purpose 
only  of  gaining  the  indulgences  and  spiritual  favors  of  the  con- 
fraternity. (Canon  709.) 

555.  The  titles  of  Confraternities  and  Pious  Unions  are 
to  be  taken  from  the  attributes  of  God,  the  mysteries  of  the 
Christian  religion,  the  feasts  of  our  Lord,  the  Blessed  Virgin,  the 
Saints,  or  the  work  itself  of  the  society.     (Canon  710.) 

556.  There  should  not  be  several  confraternities  of  the 
same  name  and  institution  in  the  same  town,  unless  the  law  or 
special  regulations  allow  an  exception.     In  large  cities  it  is  left 
to  the  judgment  of  the  bishop  what  distance  is  considered  suffi- 
cient for  the  establishment  of  confraternities  of  the  same  kind  in 
various  churches. 


146  THE  NEW  CANON  LAW 

The  Holy  See  desires  that  the  bishops  establish  in  every 
parish  the  confraternities  of  the  Blessed  Sacrament  and  of  Chris- 
tian Doctrine,  which,  when  legally  erected  by  the  Ordinary,  ipso 
facto  obtain  affiliation  with  the  archcon  fraternities  erected  at 
Rome  by  the  Cardinal  Vicar.  (Canon  711.) 

557.  Confraternities  and  Pious  Unions  should  be  erected 
only  in  churches,  public  and  semi-public  oratories. 

They  should  not  be  established  in  the  cathedral  and  in  colle- 
giate churches  without  the  consent  of  the  Chapter. 

In  churches  and  oratories  of  religious  women  the  bishop  can 
allow  only  the  erection  of  societies  of  women,  or  of  Pious  Unions, 
who  only  meet  for  the  recitation  of  certain  prayers  and  have 
merely  communication  of  spiritual  favors  with  some  confrater- 
nity. (Canon  712.) 

558.  The  religious  can  give  to  the   Confraternities  and 
Pious  Unions  erected  by  them  those  indulgences  which  the  Holy 
See  has  declared  communicable,  and  they  should  at  the  time  of 
the  erection  of  the  confraternity  be  made  known  to  all  members. 

They  cannot  allow  the  confraternity  to  wear  in  public  sacred 
functions  the  habit  or  other  insignia  without  special  permission 
of  the  bishop.  (Canon  713.) 

559.  The  confraternities  shall  not  change,  nor  abandon,  the 
habit  or  insignia  proper  to  the  confraternity  without  permission 
of  the  bishop.     (Canon  714.) 

560.  The  bishop  has  the  right  to  preside  at  the  meetings  of 
confraternities,  even  in  the  churches  and  oratories  of  regulars, 
and  though  he  has  no  vote  in  the  election  of  the  officers  he  has 
the  right  either  in  person  or  through  a  delegate  to  watch  over  the 
election,  confirm  or  reject  the  officers  elected,  and  unless  the  sta- 
tutes are  approved  by  the  Holy  See  he  can  correct  and  change 
them. 

If  the  confraternities  wish  to  hold  extraordinary  meetings 
they  shall  advise  the  Ordinary  or  his  delegate  in  due  time,  other- 
wise the  bishop  has  the  right  to  stop  the  meeting  and  cancel  their 
proceedings.  (Canon  715.) 

561.  The  Confraternities  and  Pious  Unions  which  have 
been  erected  in  churches  of  their  own,  have  the  right,  with  due 
observance  of  the  law,  to  have  non-parochial  functions  indepen- 
dently of  the  pastor,  provided  they  do  not  injure  the  parochial 
ministry  in  the  parish  church.    The  bishop  has  the  right  to  decide 


ARCHCONFRATERNITIES  AND  PRIMARY  UNIONS     147 

whether  or  not  the  functions  of  the  confraternity  unduly  inter- 
fere with  the  services  in  the  parish  church.     (Canon  716.) 

562.  The  goods  and   belongings   of   a   Confraternity  or 
Pious  Union  established  in  a  parish  church  or  any  other  not  be- 
longing to  the  confraternity  itself,  must  be  kept  separate  from 
the  accounts  of  the  parish.    (Canon  717.) 

CHAPTER  III. 

Archconfraternities  and  Primary  Unions. 

563.  Societies  which  possess  the  right  to  affiliate  to  them- 
selves other  associations  of  the  same  kind,  are  called  Archconfra- 
ternities, or  Primary  Unions,  Congregations,  Societies.     (Canon 
720.) 

564.  No  association  can  without  Apostolic  indult  affiliate 
other  societies. 

Archconfraternities  and  Primary  Unions  can  affiliate  only 
such  Confraternities  and  Pious  Unions  which  have  the  same  title 
and  the  same  purpose,  unless  the  papal  indult  grants  greater 
powers.  (Canon  721.) 

565.  By  the  affiliation  are  communicated  all  indulgences, 
privileges  and  other  communicable  spiritual  favors  which  have 
been  granted  to  the  affiliating  body  directly  and  by  name,  or  shall 
in  future  be  granted  in  that  manner  by  the  Holy  See,  unless  a  re- 
striction is  made  in  the  papal  indult. 

The  affiliating  body  does  not  acquire  any  right  over  the 
other  confraternity  by  the  act  of  affiliation.  (Canon  722.) 

566.  For  the  validity  of  the  affiliation  the  following  is  re- 
quired : 

1.  the   association   must   have   been   already    canonically 
erected  and  not  been  affiliated  before  to  any  other  Archcon fra- 
ternity or  Primary  Union ; 

2.  the  affiliation  must  be  done  with  the  written  consent  of 
the  bishop  of  the  diocese  together  with  his  testimonial  letters ; 

3.  the  indulgences,  privileges  and  other  spiritual   favors 
which  are  communicated  by  the  affiliation  must  be  enumerated 
in  an  elenchus  which  is  to  be  inspected  by  the  bishop  of  the  dio- 
cese where  the  archcon fraternity  resides  and  be  given  to  the 
affiliated  society; 


148  THE  NEW  CANON  LAW 

4.  the  affiliation  is  to  be  given  in  the  prescribed  formula 
and  for  all  times; 

5.  the  letters  of  affiliation  must  be  issued  absolutely  gratis 
without  any  retribution  even  in  the  form  of  alms,  except  the 
necessary  expenses.    (Canon  723.) 

567.  The  Archconfraternity  or  Primary  Union  cannot  be 
transferred  from  its  residence  to  another  place  except  by  the 
Holy  See.     (Canon  724.) 

568.  The  title  of  Archsodality  or  Archconfraternity  or 
Primary  Union  cannot  be  given,  even  as  an  honorary  title,  to 
any  society  by  another  than  the  Holy  See.     (Canon  725.) 


THE   THIRD   BOOK 

Sacred  Things 

569.  The  things  spoken  of  in  this  book  are  so  many  means 
for  obtaining  the  purpose  of  the  Church;    some    of   these   are 
spiritual,  others  are  temporal,  others  mixed.     (Canon  726.) 

570.  The  intentional  will  to  buy,  or  sell,  for  a  temporal 
price  things  intrinsically  spiritual,  e.  g.,  the  Sacraments,  eccles- 
iastical jurisdiction,  consecration,  indulgences,  etc.,  or  a  temporal 
object  annexed  to  the  spiritual  in  such  a  way  that  the  temporal 
object  cannot  exist  without  the  spiritual,   e.   g.,   an  ecclesias- 
tical benefice,  or  when  the  spiritual  good  is  the  object  even 
though  only  partially  of  the  contract,  e.  g.  the  consecration  in 
the  sale  of  a  consecrated  chalice,  is  Simony  forbidden  by  the 
Divine  law. 

Again,  to  give  temporal  objects  annexed  to  the  spiritual 
for  other  temporal  objects  annexed  to  the  spiritual,  or  spiritual 
objects  for  spiritual,  or  temporal  for  temporal,  in  cases  where 
the  Church  forbids  this  for  the  sake  of  reverence  toward  spir- 
itual objects,  constitutes  Simony  by  ecclesiastical  law.  (Canon 
727.) 

571.  When  there  is  question  of  simony,  the  buying  and 
selling,  exchange,  etc.,  is  to  be  taken  in  a  wide  sense  for  any 
agreement,  even  though  it  did  not  take  effect,  and  even  though 
the  agreement  was  merely  tacit,    namely,    such    in    which    the 
simoniacal  intention  was  not  expressly  manifested,  but  can  be 
understood  from  the  circumstances.     (Canon  728.) 

572.  While  the  penalties  of  law  remain,  the  simoniacal 
contract  is  null  and  void  if  simony  is  committed  concerning  bene- 
fices, offices,  dignities,  the  subsequent  conferment  is  likewise  void, 
even  though  the  simony  was  committed  by  a  third  person  and 
without  one's  knowledge,  provided  it  was  not  done  fraudulently 
to  injure  the  one  who  was  to  get  the  office  or  done  against  his 
protest. 

Wherefore,  ( 1 )  before  any  sentence  of  the  judge  the  valu- 
ables given  and  accepted  simoniacally  must  be  returned,  if  such 
restitution  is  possible  and  can  be  done  without  irreverence  to  the 

149 


150  THE  NEW  CANON  LAW 

spiritual,  and  the  benefice,  office  or  dignity  must  be  vacated;  (2) 
the  one  who  through  simony  obtained  the  benefice  or  office  does 
not  become  the  owner  of  the  income  of  that  office;  if  he  re- 
ceived it  in  good  faith  it  is  left  to  the  prudent  judgment  of  the 
ecclesiastical  judge,  or  the  Ordinary,  to  condone  the  income  thus 
received,  either  in  whole  or  in  part.  (Canon  729.) 

573.  There  is  no  simony  when  the  temporal  object  is  not 
given  for  the  spiritual,  but  rather  on  occasion  of  it,  by  a  just 
title  acknowledged  by  law  or  legal  custom.    The  same  holds  good 
when  the  temporal  object  is  given  for  another  temporal  object 
which  has  something  spiritual  annexed  to  it,  as  for  instance,  the 
consecrated  chalice,  provided  the  price  is  not  raised  on  account 
of  the  blessing  or  consecration.    (Canon  730.) 

PART  I. 

THE  SACRAMENTS. 

574.  As  all  the  Sacraments  instituted  by  our  Lord  are  the 
principal  means  of  sanctification  and  salvation,  they  should  be 
administered  and  received  with  great  care  and  reverence, 

It  is  forbidden  to  minister  the  Sacraments  of  the  Church 
to  heretics  and  schismatics,  even  though  they  are  in  good  faith 
and  ask  for  them,  unless  they  have  first  renounced  their  errors 
and  been  reconciled  to  the  Church.  (Canon  731.) 

575.  The  Sacraments  of  Baptism,  Confirmation  and  Or- 
ders which  imprint  a  character  cannot  be  received  a  second  time. 

If,  however,  there  is  prudent  doubt  whether  they  have  been 
received,  or  whether  they  were  validly  received,  they  may  be 
conditionally  repeated.  (Canon  732.) 

576.  In  the  administration  and  reception  of  the  Sacra- 
ments the  liturgical  rites  and  ceremonies  prescribed  in  the  ap- 
proved ritualistic  books  of  the  Church  must  be  accurately  ob- 
served. 

Each  one  shall  follow  his  own  Rite,  saving  the  exceptions 
of  Canons  851,  §  2,  and  866.  (Canon  733.) 

577.  The  holy  oils  required  in  the  administration  of  sev- 
eral of  the  Sacraments,  must  have  been  blessed  by  the  bishop 
on  the  preceding  Holy  Thursday,  nor  are  the  old  ones  to  be 
used  except  in  case  of  necessity.    When  the  holy  oils  are  about 
to  give  out,  other  olive  oil  that  has  not  been  blessed  may  be 


BAPTISM  151 

added,  even  repeatedly,  but  always  in  smaller  quantity  than  the 
holy  oils.     (Canon  734.) 

578.  The  pastor  must  obtain  the  holy  oils  from  his  bishop 
and  keep  them  in  the  church  in  a  safe  and  becoming  place  under 
lock  and  key.    He  shall  not  keep  them  in  his  house  except  where 
necessity  or  other  good  reason  approved  by  the  Ordinary  justify 
him  to  do  so.     (Canon  735.) 

579.  In  the  administration  of  the  Sacraments  the  minis- 
ter shall  not  exact  or  ask  for  any  remuneration,  for  any  reason 
or  occasion,  directly  or  indirectly,  except  the  offerings  spoken 
of  in  Canon  1507,  §  1.     (Canon  736.) 

TITLE  I. 
Baptism. 

580.  Baptism,  which  is  the  door  and  foundation  for  all 
other  Sacraments,  and  which,  either  actually  received  or  at  least 
desired,  is  necessary  for  salvation  to  all,  is  given  validly  only 
by  ablution  with  truly  natural  water  and  pronouncing  the  pre- 
scribed form  of  words. 

Baptism  administered  with  the  observance  of  all  the  rites 
and  ceremonies  prescribed  in  the  liturgical  books,  is  called 
solemn,  otherwise  not  solemn,  or  private.  (Canon  737.) 

CHAPTER  I. 
The  Minister  of  Baptism. 

581.  The   ordinary   minister   of   solemn   Baptism   is   the 
priest.     Its  ministration,  however,  is  reserved  to  the  pastor  or 
to  another  priest  acting  with  the  permission  of  the  pastor  or  of 
the  local  Ordinary,  which  permission  is  lawfully  presumed  in  a 
case  of  necessity. 

Even  a  peregrinus,  i.  e.  a  person  who  is  at  the  time  outside 
the  parish  where  he  resides,  should  go  to  his  own  proper  pas- 
tor to  be  baptized  solemnly,  if  this  can  be  easily  done  and  with- 
out delay;  otherwise  any  pastor  may  in  his  territory  solemnly 
baptize  the  peregrini.  (Canon  738.) 

582.  In  the  territory  of  another  pastor  no  pastor  is  al- 
lowed to  baptize  solemnly,  not  even  one  of  his  own  parishioners, 
without  due  permission.     (Canon  739.) 


152  THE  NEW  CANON  LAW 

583.  Where  parishes  or  quasi-parishes  are  not  yet  estab- 
lished, the  diocesan  statutes  and  accepted  customs  should  be 
consulted  in  order  to  know  what  priest,  besides  the  Ordinary, 
has  the  right  to  baptize,  either  in  the  entire  territory  or  in  some 
particular  district.    (Canon  740.) 

584.  The  deacon  is  the  extraordinary  minister  of  solemn 
Baptism.     He  cannot,  however,  use  his  power  without  the  per- 
mission of  either  the  bishop  or  the  pastor,  which  may  be  granted 
for  a  just  cause  and  may  lawfully  be  presumed  when  necessity 
urges.     (Canon  741.) 

585.  Private  Baptism  may  be  given  by  any  one  who  uses 
the  proper  matter  and  form  and  has  the  right  intention.    As  far 
as  possible  two  witnesses,  or  at  least  one,  should  be  present  at 
such  a  private  Baptism,  by  whom  the  conferring  of  Baptism 
may  be  proved,     (cf.  Canon  759.) 

If  a  priest  is  present  he  should  be  preferred  to  a  deacon,  a 
deacon  to  a  subdeacon,  a  cleric  to  a  lay  person,  a  man  to  a 
woman,  unless  decency  demand  that  the  woman  be  preferred, 
or  in  case  the  woman  knows  better  the  form  and  manner  of 
Baptism. 

The  father  and  mother  are  not  allowed  to  baptize  their  own 
child  except  in  danger  of  death  if  there  is  no  one  else  at  hand 
who  can  baptize.  (Canon  742.) 

586.  The  pastor  should  take  care  that  the  faithful,  espe- 
cially midwives,   doctors  and   surgeons,   learn  how   to  baptize 
properly  in  case  of  necessity.     (Canon  743.) 

587.  The  Baptism  of  adults,  where  it  can  be  conveniently 
done,  should  be  referred  to  the  bishop,  in  order  that  he  himself 
or  his  delegate  may  baptize  more  solemnly.     (Canon  744.) 

CHAPTER  II. 
The  Subject  of  Baptism. 

588.  A  subject  capable  to  receive  Baptism  is  omnis  et  solus 
homo  viator,  i.  e.  a  human  being  born  into  this  life,  who  has  not 
yet  been  baptized. 

When  there  is  question  of  Baptism,  the  term  pan'ulus,  or 
infans,  means,  according  to  Canon  88,  §  3,  one  who  has  not  yet 
the  use  of  discretion,  and  held  equal  to  them  are  those  insane 
from  infancy,  no  matter  of  what  age  they  may  be.  Adults  are 


THE  SUBJECT  OF  BAPTISM  153 

called  those  who  have  the  use  of  reason,  and  it  is  sufficient  for 
admitting  these  latter  to  Baptism  that  they  of  their  own  free 
will  ask  for  it.  (Canon  745.) 

589.  An  infant  shall  not  be  baptized  while  still  enclosed 
in  the  mother's  womb,  as  long  as  there  is  probable  hope  that  it 
can  be  baptized  when  born. 

If  the  infant  puts  forth  the  head,  it  may  be  baptized  on  the 
head,  if  there  is  immediate  danger  of  death,  and  Baptism  shall 
not  then  be  given  again  conditionally  if  the  child  lives. 

If  the  infant  puts  forth  any  other  limb,  it  may  be  baptized 
on  that  limb  conditionally,  if  there  is  imminent  danger  to  life, 
but  if  the  infant  is  born  alive  it  must  be  baptized  again  condi- 
tionally. 

If  the  mother  dies  in  pregnancy,  and  the  fetus,  when  ex- 
tracted by  those  whose  duty  it  is  to  do  this,  shows  sure  signs 
of  life,  it  shall  be  baptized  absolutely;  conditionally,  if  life  is 
doubtful. 

If  the  fetus  was  baptized  in  the  mother's  womb,  the  child 
shall,  when  born,  be  baptized  again  conditionally.  (Canon  746.) 

590.  Care  should  be  taken  that    every    fetus    born    pre- 
maturely, no  matter  at  what  stage  of  pregnancy,  be  baptized 
absolutely,  if  life  is  certain,  but  conditionally  if  life  is  doubtful. 
(Canon  747.) 

591.  Monstrous  and  unusual  forms  of  fetus  should  always 
be  baptized,  at  least  conditionally;  when  in  doubt  whether  the 
fetus  is  one  being  or  several,  one  should  be  baptized  absolutely, 
the  others  conditionally.     (Canon  748.) 

592.  Infants  that  have  been  abandoned  and  found  shall 
be  conditionally  baptized,  if  after  careful  investigation  there  is 
no  certainty  about  their  Baptism.     (Canon  749.) 

593.  An  infant  of  infidel  parents  can  lawfully  be  baptized 
even  though  the  parents  object,  in  case  the  danger  of  death  is 
such  that  it  may  be  prudently  judged  the  child  will  not  live  until 
he  comes  to  the  use  of  reason. 

Outside  danger  of  death  the  infant  may  be  licitly  baptized, 
provided  there  is  guarantee  for  the  Catholic  bringing  up  of  the 
child,  (1)  if  the  parents  or  guardians,  or  at  least  one  of  them, 
consent,  (2)  if  there  are  no  parents,  i.  e.  father  or  mother,  nor 
grandfather  or  grandmother,  nor  guardians,  or  if  they  have  lost 
the  right  to  the  child,  or  cannot  in  any  way  exercise  that  right. 
(Canon  750.) 


154  THE  NEW  CANON  LAW 

594.  Regarding  the  child  of  two   Protestants  or  schis- 
matics, or  two  fallen-away  Catholics,  the  rules  of  the  above 
Canon  shall  generally  be  followed.     ( Canon  751.) 

595.  An  adult  .should  not  be  baptized  except  with  his  own 
knowledge  and  will,  and  after  due  instruction.    He  is,  moreover, 
to  be  admonished  to  repent  of  his  sins. 

In  danger  of  death,  if  he  cannot  be  thoroughly  instructed 
in  the  principal  mysteries  of  faith,  it  is  sufficient  for  the  con- 
ferring of  Baptism  that  he  show  in  some  way  his  assent  to  these 
points  of  faith,  and  earnestly  promises  that  he  will  keep  the 
Commandments  of  the  Christian  religion. 

If  he  cannot  even  ask  for  Baptism,  but  has  either  before, 
or  in  his  present  condition  manifested  in  some  probable  manner 
an  intention  of  receiving  Baptism,  he  may  be  baptized  condi- 
tionally. If  afterwards  he  gets  well,  and  there  remains  doubt 
as  to  the  validity  of  the  Baptism,  he  may  be  baptized  again  con- 
ditionally. (Canon  752.) 

596.  Both,  the  priest  as  well  as  the  adult  to  be  baptized, 
if  he  is  in  good  health,  are  advised  to  remain  fasting. 

Unless  there  are  grave  and  urgent  obstacles,  the  baptized 
adult  should  immediately  after  Baptism  assist  at  Holy  Mass  and 
receive  Holy  Communion.  (Canon  753.) 

597.  Insane  and  delirious  persons  should  not  be  baptized 
unless  they  have  been  such  from  birth,  or  became  such  before 
they  had  obtained  the  use  of  reason,  in  which  case  they  should 
be  baptized  like  infants. 

If  they  have  lucid  intervals,  they  may  in  those  moments  be 
baptized  if  they  desire  it. 

They  may  also  be  baptized  in  imminent  danger  of  death,  if 
before  becoming  insane  they  have  shown  a  desire  for  Baptism. 

Those  suffering  from  lethargy  or  delirium  should  be  bap- 
tized only  while  conscious  and  desirous  of  Baptism;  if  the  dan- 
ger of  death  is  imminent,  the  rule  of  the  foregoing  paragraph 
of  this  Canon  is  to  be  followed.  (Canon  754.) 

CHAPTER  III. 
The  Rites  and  Ceremonies  of  Baptism. 

598.  Baptism  should  be  given  solemnly,  except  in  the  cases 
spoken  of  in  Canon  759.     The  local  Ordinary  can  for  a  grave 


RITES  AND  CEREMONIES  OF  BAPTISM          155 

and  reasonable  cause  allow  the  ceremonies  for  the  Baptism  of 
infants  to  be  used  for  the  Baptism  of  adults.     (Canon  755.) 

599.  The  child  must  be  baptized  according  to  the  Rite  of 
the  parents.    If  one  of  them  belongs  to  the  Latin  Rite,  the  other 
to  an  Oriental,  the  child  shall  be  baptized  in  the  Rite  of  the  fa- 
ther, unless  other  rules  have  been  made  by  special  law.     If  only 
one  of  the  parents  is  a  Catholic,  the  child  shall  be  baptized  in 
the  Rite  of  the  Catholic  party.     (Canon  756.) 

600.  In  solemn  Baptism  water  blessed  for  that  purpose 
shall  be  used.     If  the  water  in  the  baptismal  font  be  so  dimin- 
ished that  it  does  not  suffice,  other  common  water  may  be  added 
in  smaller  quantity,  and  this  may  be  repeated.     If  the  blessed 
water  has  become  putrid,  or  has  escaped  from  the  font,  or  is 
wanting  for  any  other  reason,  the  pastor  should  have  the  font 
well  cleaned,  then  put  in  fresh  water  and  bless  it  as  prescribed 
in  the  ritual.     (Canon  757.) 

601.  Though  Baptism  may  be  conferred  validly  in  any 
of  the  three  ways:  infusion,  immersion,  aspersion,  the  first  or 
second,  or  both  mixed,  whichever  is  more  in  use,  should  be  re- 
tained, according  to  the  approved  rituals  of  the  various  dioceses. 
(Canon  758.) 

602.  In  danger  of  death  private  Baptism  may  be  given. 
If  it  is  administered  by  one  who  is  neither  a  priest  nor  a  deacon, 
only  that  should  be  done  which  is  necessary  for  the  validity  of 
the  Baptism.    If  a  priest  or  a  deacon  baptizes,  and  there  is  time, 
he  should  perform  the  ceremonies  that  follow  Baptism. 

Outside  the  case  of  danger  of  death,  the  Ordinary  cannot 
allow  private  Baptism,  except  in  cases  of  adult  converts  from 
heresy  who  are  baptized  conditionally. 

The  ceremonies  of  Baptism,  which  for  any  reason  had  been 
omitted  in  the  conferring  of  Baptism,  should  as  soon  as  possible 
be  supplied,  except  in  the  case  mentioned  in  the  preceding  para- 
graph. (Canon  759.) 

603.  If  Baptism  is  given  again  conditionally,  the  ceremo- 
nies should  be  supplied  if  they  were  omitted  in  the  first  Baptism, 
saving  the  exception  of  the  foregoing  Canon.    If  the  ceremonies 
were  observed  in  the  first  Baptism,  one  is  at  liberty  to  go  through 
them  again  or  not.     (Canon  760.) 

604.  The  pastor  shall  take  care  that  the  one  baptized  re- 
ceives a  Christian  name;  if  they  do  not  succeed  in  this  they  should 


156  THE  NEW  CANON  LAW 

add  to  the  name  given  by  the  parents  the  name  of  some  saint, 
and  enter  both  names  in  the  baptismal  record.     (Canon  761.) 

CHAPTER  IV. 
Sponsors. 

605.  According  to  a  most  ancient  custom,  no  one  is  bap- 
tized solemnly  unless  he  has,  whenever  possible,  a  sponsor.   Even 
in  private  Baptism  a  sponsor  should  be  had,  if  it  is  easily  pos- 
sible; if  there  was  no  sponsor  in  the    private    Baptism,    there 
should  be  one  in  the  supplying  of  the  ceremonies,  but  in  that 
case  he  does  not  contract   any   spiritual    relationship.     (Canon 
762.) 

606.  When  Baptism  is  repeated  conditionally,  the  same 
sponsor  should,  if  possible,  act  who  was  present  at  the  first  Bap- 
tism; outside  this  case,  there  is  no  need  of  a  sponsor  in  condi- 
tional Baptism. 

In  the  repetition  of  Baptism  under  condition,  neither  the 
sponsor  of  the  first,  nor  the  one  at  the  second  Baptism  contract 
spiritual  relationship,  unless  the  same  sponsor  was  present  at 
both  Baptisms.  (Canon  763.) 

607.  There  should  be  but  one  sponsor,  who  may  be  either 
of  the  same  sex  with  the  one  to  be  baptized,  or  of  the  different 
sex ;  but  two  sponsors,  at  most,  namely,  one  man  and  one  woman, 
are  allowed.     (Canon  764.) 

608.  In  order  that  one  may  validly  act  as  sponsor,  he 
must: 

1.  be  baptized,  of  the  age  of  discretion,  and  have  the  in- 
tention to  undertake  that  office; 

2.  he  must  not  belong  to  an  heretical  or  schismatical  sect, 
not  be  excommunicated  by  a  condemnatory  or  declaratory  sen- 
tence, nor  suffer  from  infamy  of  law,  nor  be  excluded  from 
legal  actions,  nor  be  a  deposed  or  degraded  cleric ; 

3.  he  must  not  be  the  father  or  mother  of,  or  married  to, 
the  one  to  be  baptized  ; 

4.  he  must  be  designated  either  by  the  one  to  be  baptized 
or  by  the  parents  or  guardians,  or  in  their  default,  by  the  minis- 
ter of  Baptism; 

5.  The  sponsor  must,  either  in  person  or  through  proxy., 
physically  hold  or  touch  the  one  baptized,  or  receive  him  im- 


TIME  AND  PLACE  OF  BAPTISM  157 

mediately  after  Baptism  from  the  sacred  font  or  from  the  hands 
of  the  minister.     (Canon  765.) 

609.     In  order  that  one  may  licitly  act  as  sponsor,  he  must : 

1.  be  fourteen  years  of  age,  unless  for  a  just  reason  the 
minister  admits  younger  ones; 

2.  he  must  not  be  under  excommunication  for  a  notorious 
crime,  nor  excluded  from  legal  actions,  nor  suffer  from  infamy 
of  law,  even  though  no  sentence  was  pronounced  against  him 
in  the  ecclesiastical  court,  nor  must  he  be  under  an  interdict,  or 
otherwise  a  public  criminal,  or  disgraced  by  infamy  of  fact; 

3.  he  must  know  the  rudiments  of  the  faith; 

4.  he  must  not  be  a  novice  or  professed  member  in  any 
religious  organization,  unless  there  is  no  other  to  act  as  sponsor 
and  permission  is  granted  by  at  least  the  local  superior ; 

5.  he  must  not  be  in  sacred  orders,  unless  he  has  the  ex- 
press permission  of  his  own  Ordinary  to  act  as  sponsor.     (Canon 
766.) 

610.  In  doubtful  cases  as  to  whether  one  can  validly  or 
licitly  be  admitted  as  sponsor,  the  pastor  should,  if  time  per- 
mits, consult  the  Ordinary.     (Canon  767.) 

611.  In  Baptism  spiritual  relationship  is  contracted  with 
the  one  baptized  by  the  minister  and  the  sponsor.     ( Canon  768. ) 
In  this,  therefore,  the  law  of  the  Council  of  Trent  has  been 
greatly  restricted,  so  that  no  impediment  is  contracted  with  the 
parents. 

612.  It  is  the  duty  of  the  sponsor,  by  virtue  of  his  office, 
to  take  an  interest  in  his  spiritual  child,  and  to  take  good  care 
that  he  is  instructed  in  the  duties  of  a  Christian  life  and.  that 
he  lives  up  to  it,  as  in  the  ceremony  he  solemnly  pledged  himself 
for  this,    (Canon  769.) 

CHAPTER  V. 
Time  and  Place  of  Baptism. 

613.  Infants  should  be  baptized  as  soon  as  possible.    Pas- 
tors and  preachers  should  often  remind  the  faithful  of  this  grave 
obligation.     (Canon  770.) 

614.  Private  Baptism  may,  in  case  of  necessity,  be  given 
at  any  time  and  in  any  place.     (Canon  771.) 

615.  Solemn  Baptism  may  be  given  any  day.    It  is  most 


158  THE  NEW  CANON  LAW 

proper,  however,  according  to  the  most  ancient  rite  of  the 
Church,  to  baptize  adults  on  the  vigils  of  Easter  and  Pentecost, 
especially  in  metropolitan  and  cathedral  churches,  if  this  can 
be  done  conveniently.  (Canon  772.) 

616.  The  proper  place  for  solemn  Baptism  is  the  baptistry 
in  churches  and  public  oratories.     (Canon  773.) 

617.  Every  parish  church  shall  have  a  baptismal  font;  all 
contrary  statutes,  privileges  and  customs  are  disapproved  and 
rescinded.     If  other  churches  have  acquired  the  right  to  have 
baptismal  fonts,  such  rights  may  continue. 

The  bishop  can  for  the  convenience  of  the  people  allow  or 
demand  that  baptismal  fonts  be  placed  also  in  other  churches 
and  public  oratories  within  the  limits  of  the  parish.  (Canon 
774.) 

618.  If  the  child  cannot  be  brought  to  the  parish  church, 
nor  to  any  other  having  the  right  to  baptize,  on  account  of  dis- 
tance or  any  other  circumstances  attended  by  great  inconvenience 
or  danger,  the  solemn  baptism  can  and  must  be  given  by  the 
pastor  in  the  nearest  church  or  public  oratory  within  the  parish, 
even  though  there  be  no  baptismal  font.     (Canon  775.) 

619.  In  private  houses  solemn  Baptism  cannot  be  given 
except  under  the  following  conditions: 

1.  if  those  to  be  baptized  are  the  sons  or  nephews  of  the 
highest  ruler  of  a  country,  or  have  the  right  of  succession  to 
the  throne,  if  they  lawfully  ask  to  be  so  baptized; 

2.  if  the  local  Ordinary  with  prudent  and  conscientious 
judgment  should  allow  it  when  in  some  extraordinary  case  there 
are  good  reasons  to  have  the  Baptism  in  the  private  house ; 

3.  in  these  cases  Baptism  must  be  given  in  the  private 
chapel  of  the  house,  or  at  least  in  a  decent  place,  and  baptismal 
water  is  to  be  used,     (Canon  776.) 

CHAPTER  VI. 
Recording  and  Proof  of  Baptism. 

620.  The  pastor  should,  carefully  and  without  delay,  enter 
into  the  records  the  name  of  the  one  baptized,  the  minister,  par- 
ents and  sponsors,  date  and  place. 

In  the  Baptism  of  illegitimate  children  the  name  of  the 
mother  is  to  be  entered,  if  her  motherhood  is  publicly  known, 


CONFIRMATION  159 

or  if  she  of  her  own  accord  demands  this  either  in  writing  or 
before  two  witnesses.  Also  the  name  of  the  father,  provided 
he  himself  demands  it  either  in  writing  or  before  two  witnesses, 
or  if  he  be  known  from  some  public  document.  In  all  other  cases 
the  child  should  be  entered  as  one  whose  father  or  parents  are 
unknown.  (Canon  777.) 

621.  If  Baptism  was  not  given  by  the  pastor,  nor  in  his 
presence,  the  minister  shall  as  soon  as  possible  inform  the  pastor 
of  the  domicile  of  the  one  baptized.     (Canon  778.) 

622.  For  the  proof  of  Baptism,  where  no  third  party  is 
harmed,  one  witness  who  is  absolutely  trustworthy,  or  the  oath 
of  the  one  baptized  in  adult  age,  is  sufficient.     (Canon  779.) 

TITLE  II. 

Confirmation. 

623.  The  Sacrament  of  Confirmation  must  be  conferred 
by  imposition  of  hands,  with  the  anointing  of  the  forehead  with 
holy  chrism  and  the  words  prescribed  in  the  pontifical  books  ap- 
proved by  the  Church.     (Canon  780.) 

624.  The  chrism  to  be  used  in  the  Sacrament  of  Confirma- 
tion must  be  blessed  by  the  bishop,  even  when  a  priest,  either 
by  law  or  special  indult,  confers  this  Sacrament. 

The  anointing  should  not  be  done  with  any  instrument,  but 
with  the  hand  of  the  bishop,  properly  imposed  on  the  head  of 
the  one  confirmed.  (Canon  781.) 

CHAPTER  I. 
The  Minister  of  Confirmation. 

625.  The  ordinary  minister  of  Confirmation  is  the  bishop 
only. 

The  extraordinary  minister  is  a  priest  who  either  by  com- 
mon law  or  by  special  indult  of  the  Holy  See  has  received  the 
faculty  to  confirm. 

This  faculty  have  by  law  the  Cardinals,  abbots  and  prelates 
nullius,  vicars  and  prefects  apostolic,  who  cannot  validly  make 
use  of  the  faculty  except  within  the  limits  of  their  territory,  and 
for  the  time  of  their  term  of  office  only.  In  reference  to 
Cardinals,  Cf.  No.  161,  23. 


160  THE  NEW  CANON  LAW 

The  priest  of  the  Latin  Rite  who  has  this  power  by  virtue 
of  an  indult  can  validly  confer  Confirmation  on  Catholics  of  his 
Rite  only,  unless  the  indult  expressly  allows  more. 

It  is  not  lawful  to  priests  of  the  Oriental  Rite  who  have  the 
faculty  or  the  privilege  to  give  Confirmation  together  with  Bap- 
tism to  the  infants  of  their  Rite,  to  confirm  infants  of  the  Latin 
Rite.  (Canon  782.) 

626.  The  bishop  can  within  his  diocese  lawfully  confirm 
also  strangers,  unless  there  is  an  explicit  prohibition  of  their 
bishop  to  go  outside  the  diocese  for  Confirmation. 

In  the  diocese  of  another  bishop,  a  bishop  must  have  at 
least  the  presumed  permission  of  the  local  Ordinary,  except 
when  he  confirms  his  own  subjects  privately  and  without  crozier 
and  mitre.  (Canon  783.) 

627.  The  priest  who  has  a  local  Apostolic  privilege  to  con- 
firm, may  also  confirm  strangers  in  the  territory  of  his  jurisdic- 
tion, unless  the  Ordinaries  of  these  strangers  have  explicitly 
forbidden  their  people  to  receive  Confirmation  outside  the  dio- 
cese.    (Canon  784.) 

628.  The  bishop  is  obliged  to  administer  Confirmation  to 
his  subjects  who  lawfully  and  reasonably  ask  for  it,  especially 
at  the  time  of  his  visitation  of  the  diocese. 

The  same  obligation  rests  with  the  priest  who,  by  Apostolic 
privilege  has  the  right  to  confirm  in  regard  to  those  in  whose 
favor  this  faculty  was  given  him. 

The  Ordinary  who  is  lawfully  prevented,  or  who  has  no 
faculty  to  confirm,  must  see  to  it  that  at  least  every  five  years 
this  Sacrament  is  administered  among  his  subjects. 

If  he  gravely  neglects  to  administer  this  Sacrament,  either 
himself  or  through  another,  the  archbishop  shall  report  the  mat- 
ter to  the  Holy  See,  (Canon  785,) 

CHAPTER  II. 
The  Subject  of  Confirmation. 

629.  He  who  is  not  baptized  cannot  validly  be  confirmed. 
In  order  that  one  may  receive  Confirmation  licitly  and  with 
fruit,  he  must  be  in  the  state  of  grace,  and,  if  he  has  the  use 
of  reason,  he  must  be  sufficiently  instructed.     (Canon  786.) 

630.  Although  this  Sacrament  is  not  an  absolutely  neces- 


TIME  AND  PLACE  OF  CONFIRMATION  161" 

sary  means  of  salvation,  no  one  is  allowed  to  neglect  to  receive 
it  when  occasion  offers.  The  pastors  must  see  to  it  that  the  faith- 
ful receive  Confirmation  in  proper  time.  (Canon  787.) 

631.  In  the  Latin  Church  Confirmation  is  usually  deferred 
until  about  the  seventh  year  of  age.     Nevertheless,  it  may  be 
conferred  before  this,  if  the  infant  is  in  danger  of  death,  or  if 
the  minister  in  any  other  case  thinks  it  expedient  for  good  and 
weighty  reasons.     (Canon  788.) 

632.  If  there  are  several  to  be  confirmed,  they  should  be 
present  at  the  first  imposition  or  extension  of  hands,  and  they 
must  not  leave  until  the  rite  is  completed.     (Canon  789.) 

CHAPTER  III. 
Time  and  Place  of  Confirmation. 

633.  This  Sacrament  can  be  administered  any  time;  it  is 
most  befitting  to  administer  it  during  the  week  of  Pentecost. 
(Canon  790.) 

634.  The  proper  place  for  Confirmation  is  a  church,  never- 
theless, if  the  minister  has  any  just  and  reasonable  cause  he 
may  confirm  in  any  becoming  place.     (Canon  791.) 

635.  The  bishop  has  the  right  to  administer  Confirmation 
within  the  limits  of  his  diocese  in  any,  even  exempted  places. 
(Canon  792.) 

CHAPTER  IV. 

The  Sponsors. 

636.  By  a  most  ancient  custom  the  Church  requires  a  spon- 
sor at  Confirmation,  if  one  can  be  had.     (Canon  793.) 

637.  The  sponsor  should  not  stand  for  more  than  two, 
except  the  minister  for  a  just  reason  allow  him  to  stand  for  more. 
No  candidate   for   Confirmation   should   have  more  than   one 
sponsor.     (Canon  794.) 

638.  In  order  that  one  may  validly  act  as  sponsor,  he  must : 

1.  be  confirmed  himself,  have  the  use  of  reason  and  the 
intention  to  act  as  sponsor; 

2.  not  belong  to  an  heretical  or  schismatic  sect,  nor  be 
under  any  of  the  penalties  spoken  of  in  Canon  765,  n.  2,  by  a 
declaratory  or  condemnatory  sentence; 

3.  not  be  the  father,  mother  of,  or  married  to,  the  one 
confirmed ; 


162  THE  NEW  CANON  LAW 

4.  be  designated  by  the  one  to  be  confirmed,  or  by  his 
parents,  guardians,  or  in  their  default  or  refusal  to  designate 
a  sponsor,  the  minister  or  the  pastor  may  designate  him. 

5.  physically  touch  either  in  person  or  through  a  proxy 
the  one  confirmed  in  the  very  act  of  Confirmation.      (Canon 
795.) 

639.  The  requirements  for  licit  sponsorship  are : 

1.  he  should  not  be  the  sponsor  of  Baptism,  unless  there 
is  a  good  reason  which  is  left  to  the  judgment  of  the  minister 
of  Confirmation,  or  unless  Confirmation  is  given  immediately 
after  Baptism; 

2.  he  should  be  of  the  same  sex  as  the  one  confirmed, 
unless  the  minister  allows  an  exception  in  particular  cases  and 
for  good  reasons; 

3.  he  must  have  the  other  requisites  mentioned  for  Bap- 
tism in  Canon  766.     ( Canon  796. ) 

640.  Spiritual   relationship   arises   in  valid  Confirmation 
between  the  one  confirmed  and  the  sponsor,  and  the  sponsor  is 
held  by  his  office  to  interest  himself  in  the  spiritual  welfare  of 
the  one  confirmed  and  care  for  his  Christian  education.     (Canon 
797.) 

CHAPTER  V. 

Record  and  Proof  of  Confirmation. 

641.  In  the  Confirmation  record  there  should  be  entered 
the  names  of  the  minister,  parents,  sponsors,  and  the  date  and 
place,  besides  making  note  of  it  in  the  baptismal  record,  as  de- 
manded in  Canon  470,  §  2. 

642.  If  the  proper  pastor  of  the  one  confirmed  was  not 
present,  the  minister  of  Confirmation  should  either  himself  or 
through  another  send  the  report  to  the  pastor.    (  Canon  799. ) 

643.  For  proof  of  the  Confirmation,  when  no  one  else's 
right  is  at  stake,  it  is  sufficient  to  have  one  witness  who  is  alto- 
gether trustworthy,  or  the  sworn  statement  of  the  one  confirmed, 
unless  Confirmation  was  given  in  infancy.     (Canon  800.) 

TITLE  III. 
The  Blessed  Eucharist. 

644.  In  the  Blessed  Eucharist  Christ,  the  Lord,  is  Him- 
self contained,  offered,  and  received  under  the  species  of  bread 
and  wine.     (Canon  801.) 


THE  HOLY  SACRIFICE  OF  THE  MASS  163 

CHAPTER  I. 

The  Holy  Sacrifice  of  the  Mass. 
Article  I.    The  Celebrant. 

645.  Priests  only  have  the  power  to  offer  the  sacrifice  of 
Holy  Mass.     (Canon  802.) 

646.  It  is  forbidden  that  several  priests  concelebrate,  ex- 
cept in  the  Mass  of  ordination  of  priests,  and  in  the  Mass  of  con- 
secration of  bishops,  according  to  the  Pontificale   Romanum. 
(Canon  803.) 

647.  A  priest  who  wishes  to  celebrate  in  a  church  outside 
his  own,  must  exhibit  authentic  and  still    valid    letters    of    his 
Ordinary,  if  he  is  a  secular;  or  if  he  is  a  religious,  of  his  superior ; 
or,  if  he  belongs  to  an  Oriental  Rite,  of  the  Sacred  Congregation 
for  the  Oriental  Church,  in  order  that  he  may  be  admitted  to 
say  Holy  Mass,  unless  it  be  known  that  in  the  meantime  he  has 
committed  some  act  for  which  he  should  not  be  admitted  to  say 
Mass. 

If  he  has  no  such  letters,  but  his  good  character  is  known 
to  the  rector  of  the  church,  he  may  admit  him;  if,  however,  he 
is  unknown  to  him,  he  may  still  be  admitted  once  or  twice,  pro- 
vided he  wears  priestly  attire,  does  not  get  any  remuneration 
under  any  title  from  the  church  in  which  he  says  Holy  Mass, 
and  signs  his  name,  office  and  diocese  in  a  book  specially  to  be 
kept  for  that  purpose. 

The  special  regulations  of  the  bishop  concerning  this  mat- 
ter, saving  the  rules  of  this  Canon,  must  be  observed  by  all,  even 
exempt  religious,  unless  there  is  question  of  admitting  to  cele- 
bration of  Holy  Mass  religious  priests  in  churches  of  their  own 
Order.  (Canon  804.) 

648.  Every  priest  is  obliged  to   say   Holy   Mass    several 
times  a  year.     The  bishop,  or  the  religious  superior,  shall  see 
to  it  that  the  priest  celebrate  at  least  on  all  Sundays  and  holi- 
days of  obligation.     (Canon  805.) 

649.  The  priest  is  not  allowed  to  say  Holy  Mass  more 
than  once  a  day,  except  by  papal  indult  or  by  permission  of  the 
local  Ordinary.     On  Christmas  and  on  All  Souls'  day  permis- 
sion is  given  to  say  three  Holy  Masses. 

The  Ordinary  cannot  grant  the  permission  to  binate  unless 
on  holidays  of  obligation  a  considerable  part  of  the  faithful 


164  THE  NEW  CANON  LAW 

would  have  to  miss  Holy  Mass  on  account  of  the  scarcity  of 
priests.  It  is  not  in  his  power,  however,  to  allow  a  priest  to 
say  more  than  two  Holy  Masses  in  one  day.  (Canon  806.) 

650.  The  priest  who  should  find  himself  in  mortal  sin 
shall  not  dare  to  say  Holy  Mass  without  previous  sacramental 
confession,  no  matter  how  contrite  he  may  be  over  his  sins.     If 
he  has  no  chance  to  go  to  confession  and  urgent  need  obliges 
him  to  celebrate,  he  shall  make  an  act  of  perfect  contrition  be- 
fore saying  Holy  Mass,  and  shall  be  obliged  to  confess  as  soon 
as  possible.     (Canon  807.)     This  regulation  is  the  same  as  the 
Council  of  Trent  had  it. 

651.  The  priest  is  not  allowed  to  celebrate  unless  he  has 
observed  the  natural  fast  from  midnight.     (Canon  808.) 

652.  The  priest  is  free  to  apply  Holy  Mass  for  any  living 
person,  and  also  for  the  poor  souls  in  purgatory,  provided  he 
observes  the  rules  of  Canon  2262,  §  2,  n.  2.    This  Canon  allows 
Holy  Mass  to  be  privately  applied,  if  scandal  is  avoided,  for  an 
excommunicated   person,   but   when   it   is   an   cxcommunicatus 
vitandus  Holy  Mass  can  be  said  only  for  his  conversion  and  not 
for  any  other  intentions  for  which  he  may  ask  to  have  Holy 
Mass  applied.     (Canon  809.) 

653.  The  priest  should  not  omit  to  prepare  his  soul  by 
pious  prayer  for  the  oblation  of  the  eucharistic  sacrifice,  and 
upon  its  conclusion  give  thanks  to  God  for  such  a  great  benefit. 
(Canon  810.) 

654.  The  priest  about  to  say  Holy  Mass  should  wear  the 
cassock  and  the  sacred  vestments  prescribed  by  the  rubrics  of 
his  Rite. 

He  must  not  wear  cap  and  ring,  unless  he  be  a  Cardinal, 
bishop  or  an  abbot  who  has  received  the  abbatial  blessing,  or 
has  received  an  Apostolic  indult  which  allows  him  their  use  in 
the  celebration  of  Holy  Mass.  (Canon  811.) 

655.  No  priest,  except  the  bishop  and  other  prelates  hav- 
ing the  use  of  the  pontificals,  is  allowed  to  have  an  assistant 
priest  for  the  sole  reason  of  honor  and  solemnity.    (Canon  812.) 

656.  The  priest  should  not  say  Holy  Mass  unless  he  has 
a  server  who  serves  and  answers  him. 

The  server  at  Mass  should  not  be  a  woman,  unless  no  man 
can  be  had,  and  provided  the  woman  stays  at  a  distance  to  an- 


THE  HOLY  SACRIFICE  OF  THE  MASS  165 

swer  the  prayers  and  does  not  in  any  way  approach  the  altar, 
(Canon  813.) 

Article  II.    The  Rites  and  Ceremonies  of  Holy  Mass. 

657.  The  holy  Sacrifice  of  the  Mass  must  be  offered  up  in 
bread  and  in  wine  which  is  to  be  mixed  with  a  little  water. 
(Canon  814.) 

658.  The  bread  must  be  purely  of  wheat  flour  and  recently 
made,  so  that  there  is  no  danger  of  corruption. 

The  wine  must  be  the  natural  juice  of  the  grape  vine  and 
uncorrupted.  (Canon  815.) 

659.  In  the  celebration  of  Holy  Mass  the  priest  must,  ac- 
cording to  his  own  Rite  use  either  unleavened  or  fermented 
bread,  wherever  he  celebrates.     (Canon  816.) 

660.  It  is  forbidden,  even  in  extreme  cases  of  necessity, 
to  consecrate  one  species  without  the  other,  or  both  outside  of 
Holy  Mass.     (Canon  817.) 

661.  The  celebrant  must  accurately  and  devoutly  observe 
the  rubrics  of  his  liturgical  books,  and  guard  against  adding 
other  ceremonies  and  prayers  of  his  own  choice.     All  contrary 
custom  is  disapproved.     (Canon  818.) 

662.  Holy  Mass  must  be  celebrated  in  the  liturgical  lan- 
guage proper  to  each  one's  Rite,  as  approved  by  the  Church. 
(Canon  819.) 

Article  III.    Time  and  Place  of  Holy  Mass. 

663.  Holy  Mass  may  be  said  on  all  days  except  those 
which  are  excluded  by  the  priest's  own  Rite.     ( Canon  820. ) 

664.  Holy  Mass  should  not  be  commenced  earlier  than 
one  hour  before  the  aurora,  nor  later  than  one  hour  after  mid- 
day. 

On  Christmas  day  only  the  conventual  or  parochial  Mass 
can  be  begun  at  midnight,  but  no  other  Mass  without  an  Apos- 
tolic indult. 

In  all  religious  or  pious  houses  having  an  oratory  with  the 
right  of  keeping  there  habitually  the  Blessed  Sacrament,  one 
priest  may  at  midnight  say  one  or  also  three  Masses,  and  this 
Holy  Mass  will  for  all  who  assist  satisfy  the  obligation  of  hear- 
ing Mass,  and  Holy  Communion  may  be  given  to  those  who  wish 
to  receive.  (Canon  821.) 


166  THE  NEW  CANON  LAW 

665.  Holy  Mass  must  be  celebrated  on  a  consecrated  altar, 
and  in  a  church  or  oratory  consecrated  or  blessed  according  to 
law.     Regarding  private  and  semi-public  oratories,  Canon  1196 
is  to  be  observed. 

The  privilege  of  the  portable  altar  is  conceded  either  by 
law  or  by  indult  of  no  other  than  the  Holy  See. 

This  privilege  is  to  be  understood  in  such  a  sense,  that  it 
bestows  the  faculty  to  say  Holy  Mass  anywhere  in  a  decent  and 
respectable  place,  and  on  a  consecrated  altar  stone,  not,  how- 
ever, on  the  ocean. 

The  local  Ordinary,  or  when  there  is  question  of  an  exempt 
religious  house,  the  major  superior,  can  give  permission  for  a 
just  and  reasonable  cause  to  celebrate  Holy  Mass  outside  the 
church  or  oratory  on  a  consecrated  altar  stone,  in  a  decent  place, 
but  never  in  a  bedroom.  This  permission  can  be  given  in  an 
extraordinary  case  and  only  per  modum  actus,  i.  e.  not  per- 
petually. (Canon  822.) 

666.  Holy  Mass  may  not  be  said  in  churches  of  heretics 
and  schismatics,  even  though  they  were  in  ancient  times  properly 
consecrated  or  blessed. 

If  there  is  no  altar  of  the  priest's  own  Rite,  he  may  cele- 
brate on  an  altar  consecrated  by  another  Catholic  Rite,  follow- 
ing his  own  Rite  in  the  celebration  of  Holy  Mass.  He  may  not 
celebrate  with  the  Greek  antimensia,  a  kind  of  corporal  in  which 
relics  are  deposited. 

On  papal  altars  no  one  is  allowed  to  celebrate  without  an 
Apostolic  indult.  ( Canon  823 .) 

Article  IV.    The  Alms  or  Stipends  of  Masses. 

667.  According  to  an  established  and  approved  custom  of 
the  Church,  any  priest  who  says  and  applies  Holy  Mass  may 
receive  an  alms  or  stipend. 

Whenever  he  says  Holy  Mass  several  times  a  day,  and  has 
to  apply  one  Mass  from  a  title  of  justice,  he  cannot  receive  an- 
other stipend,  excepting  some  compensation  from  an  extrinsic 
title.  On  Christmas,  however,  he  may  receive  a  stipend  also 
for  the  second  and  third  Mass.  (Canon  824.) 

668.  It  is  never  lawful : 

1.  to  apply  Holy  Mass  for  the  intention  of  one  who  may 
offer  a  stipend  in  the  future,  but  who  has  not  yet  asked  for  the 


167 

Mass,  and  then  to  accept  the  stipend  afterwards  given  for  the 
Mass  said  before; 

2.  to  accept  a  stipend  for  a  Mass  that  was  due  and  ap- 
plied from  another  title; 

3.  to  receive  two  stipends  for  the  application  of  one  Mass; 

4.  to  receive  one  stipend   for  only  the  celebration,   and 
another  for  the  application  of  one  and  the  same  Mass,  unless 
it  is  certain  that  one  stipend  was  offered   for  the  celebration 
without  the  application.     (Canon  825.) 

669.  Manual  stipends  are  called  those  which  the  faithful 
offer  out  of  their  own  devotion,  or  from  some  obligation,  even 
a  perpetual  one  imposed  on  heirs  by  the  testator. 

Ad  instar  vnanualium,  are  called  the  stipends  of  foundation 
Masses  which  cannot  be  applied  in  the  proper  church,  or  not 
by  those  who,  according  to  the  laws  of  those  foundation  Masses, 
should  say  them,  and  which  may  either  by  law  or  by  papal  inclult 
be  given  to  other  priests  to  say. 

Other  stipends,  received  from  a  fund  set  apart  for  founda- 
tion Masses,  are  called  stipendia  fundata,  or,  Missae  fundatae. 
(Canon  826.) 

670.  Any  kind  of  negotiation  or  trading  with  Mass  sti- 
pends must  absolutely  be  avoided.     (Canon  827.) 

671.  So  many  Masses  must  be  said  and  applied  as  Mass 
stipends,  even  small  ones,  were  offered  and  accepted.     (Canon 
828.) 

672.  Though   the   Mass   stipends   should   have  been  lost 
without  the  fault  of  the  one  who  has  the  responsibility  to  say 
the  Masses,  the  obligation  does  not  cease.     (Canon  829.) 

673.  If  a  person  has  offered  a  certain  sum  of  money  for 
Holy  Masses  to  be  said,  without  indicating  how  many  Misses 
he  desires,  the  number  must  be  reckoned  according  to  the  ordi- 
nary stipends  customary  in  the  place  where  the  giver  of  them 
lived,  unless  circumstances  are  such  that  it  must  be  lawfully 
presumed  that  his  intention  was  different.     (Canon  830.) 

674.  It  is  the  right  of  the  local  Ordinary  to  fix  the  amount 
of  the  stipend,  which  should,  as  far  as  possible,  be  done  in  the 
diocesan  synod;  the  priest  may  not  demand  a  larger  stipend 
than  has  been  fixed  by  the  law  of  the  bishop. 

Where  there  is  no  law  of  the  bishop  fixing  the  stipend,  the 
custom  of  the  diocese  should  be  followed. 


168  THE  NEW  CANON  LAW 

All  religious,  also  the  exempt  ones,  are  obliged  to  observe 
the  law  of  the  bishop,  or  the  custom  of  the  diocese,  concerning 
Mass  stipends.  (Canon  831.) 

675.  The  priest  may  accept  a  larger  stipend,  if  voluntarily 
offered;  and,  unless  the  Ordinary  has  forbidden  it,  he  may  ac- 
cept a  smaller  one.     (Canon  832.) 

676.  It  is  presumed  that  the  one  who  offers  the  stipend 
only  requests  the  application  of  Holy  Mass;  if,  however,  he  has 
explicitly  stipulated  certain  circumstances  for  its  celebration,  the 
priest  who  accepts  the  stipend  must  fulfill  the  conditions  made 
by  the  one  who  offered  the  stipend.     (Canon  833.) 

677.  Concerning  the  time  when  Holy  Mass  is  to  be  said, 
the  following  rules  must  be  observed: 

1.  if  the  day  was  specified  by  the  giver  of  the  stipend, 
Holy  Mass  must  absolutely  be  said  that  day; 

2.  if  the  giver  of  manual  stipends  did  not  expressly  specify 
the  day,  then  (1)  Masses  ordered  for  an  urgent  cause  must  be 
said  as  soon  as  possible,  and  within  the  time  proper  to  obtain 
the  purpose,  e.  g.,  a  Mass  said  for  a  successful  examination, 
which  naturally  has  to  be  said  before  the  examination  takes 
place;  (2)  in  all  other  cases  Holy  Mass  must  be  said  within  a 
short  time,  a  longer  or  shorter  period,  according  to  the  number 
of  Masses; 

3.  if  the  giver  of  the  stipend  expressly  left  the  time  for 
saying  the  Holy  Masses  to  the  judgment  of  the  priest,  he  may 
say  them  at  a  time  that  he  finds  more  convenient.     The  rule  of 
the  following  Canon,  however,  must  be  observed.     (Canon  834.) 

678.  No  one  is  allowed  to  receive  more  Masses  than  he 
himself  can  say  within  a  year.     (Canon  835.) 

679.  In  churches  where,  on  account  of  the  special  devo- 
tion of  the  faithful,  stipends  for  Masses  are  offered  in  such  a 
number  that  it  is  impossible  to  say  all  of  them  in  that  church 
within  the  required  time,  the  faithful  should  be  notified  by  no- 
tices posted  in  a  conspicuous  place  that  the  Holy  Masses  will 
be  said  either  in  that  church  when  possible,  or  in  other  places. 
(Canon  836.) 

680.  He  who  has  Masses  which  are  to  be  said  by  others, 
should  distribute  them  as  soon  as  possible,  observing  Canon  841. 
The  time  prescribed  by  law  for  their  application  begins  on  the 


THE  HOLY  SACRIFICE  OF  THE  MASS  169 

day  on  which  the  priest  received  them,  unless  the  contrary  is 
certain  from  other  reasons.     (Canon  837.) 

681.  He  who  has  a  number  of  Masses  which  he  is  allowed 
to  give  to  others,  may  distribute  them    among    priests    of    his 
choice,  provided  he  knows  they  are  absolutely  trustworthy  or 
are  recommended  by  the  testimony  of  their  Ordinary.     (Canon 
838.) 

682.  He  who  has  given  to  other  priests  Masses  which  he 
received  from  the  faithful,  or  which  are  in  any  way  entrusted 
to  him,  is  held  to  their  obligation  until  he  received  notice  that 
the  stipends  were  received  by  the  priest,  and  that  he  has  ac- 
cepted to  say  the  Masses.     (Canon  839.) 

683.  He  who  transmits  manual  stipends  to  others  must 
send  away  the  stipends  as  he  received  them,  and  cannot  retain 
part  of  larger  stipends,  unless  the  giver  expressly  permits  this, 
or  it  is  certain  that  what  was  offered  above  the  usual  stipend 
was  given  intuitu  personae,  that  is  to  say,  for  special  personal 
reasons. 

In  Masses  ad  instar  manualium  (cf.  Canon  826),  unless 
the  intention  of  the  founder  is  otherwise,  the  excess  of  the  ordi- 
nary stipend  may  be  retained,  if  the  larger  stipend  takes  the 
place  of  a  partial  endowment  of  the  benefice  or  pious  institution, 
and  it  is  sufficient  to  send  the  manual  stipend  customary  in  the 
place  where  the  Masses  are  to  be  said.  (Canon  840.) 

684.  Each  and  every  administrator  of  pious  institutions, 
or  any  one  else  who  is  obliged  to  attend  to  the  saying  of  Holy 
Masses  for  stipends,  whether  clerics  or  laymen,  must  at  the  end 
of  each  year  send  to  their  Ordinaries  those  stipends  for  which 
they  have  not  yet  satisfied,  according  to  the  manner  to  be  spe- 
cified by  the  Ordinary. 

This  time  is  to  be  understood  in  such  way  that  for  stipends 
ad  instar  manualium  the  obligation  of  sending  them  to  the  bishop 
begins  with  the  end  of  the  year  during  which  they  should  have 
been  said ;  for  manual  stipends,  one  year  from  the  day  on  which 
they  were  received,  saving  the  different  will  of  the  givers.  (Canon 
841.) 

685.  The  right  and  duty  to  see  that  the  obligation  of  the 
Mass  stipends  is  attended  to  in  secular  churches  belongs  to  the 
Ordinary;  in  churches  of  the  religious,  to  their  superiors.  (Canon 
842.) 


170  THE  NEW  CANON  LAW 

686.  The  rectors  of  churches  and  other  pious  places,  both 
secular  and  religious,  in  which  stipends  for  Masses  are  usually 
received,  must  have  a  special  book  in  which  they  should  accu- 
rately mark  down  the  number,  intention,  amount  of  stipend,  and 
the  celebration  of  the  Masses  they  receive. 

The  Ordinaries  are  obliged  to  inspect  these  books  at  least 
once  a  year,  either  in  person  or  through  some  one  else.  (Canon 
843.) 

687.  The  Ordinaries  of  dioceses,  and  religious  superiors, 
who  give  Masses  to  their  subjects  or  to  others  to  say,  shall  mark 
down  at  once  the  Masses  with  the  alms  they  receive,  in  the 
order  in  which  they  get  them,  and  attend  to  it  that  as  far  as 
possible  they  are  said  soon. 

Every  priest,  whether  secular  or  religious,  must  mark  down 
accurately  the  Mass  intentions  which  they  receive,  and  whether 
and  when  they  have  satisfied  them.  (Canon  844.) 

CHAPTER  II. 

The  Blessed  Sacrament. 
Article  I.     The  Minister  of  Holy  Communion. 

688.  The  priest  alone  is  the   ordinary   minister   of    Holy 
Communion.     The  deacon  is  the  extraordinary  minister,  who 
must  have  the  permission  of  the  Ordinary  or  of  the  pastor,  which 
can  be  given  for  a  grave  reason  and  can  be  lawfully  presumed 
in  case  of  necessity.     (Canon  845.) 

689.  Every  priest  may  distribute  holy  Communion  in  the 
Mass,  and,  if  he  celebrates  privately,  also  immediately  before 
or  after  Mass. 

Outside  Holy  Mass  any  priest  may  administer  holy  Com- 
munion, and  if  he  does  not  belong  to  that  church  he  should  have 
at  least  the  presumed  permission  of  the  rector  of  the  church. 
(Canon  846.) 

690.  Holy  Communion  should  be  brought  to  the  sick  pub- 
licly, unless  good  reasons  make  the  private  ministration  advis- 
able.    (Canon  847.) 

691.  The  right  ajid  duty  to  carry  holy  Communion  pub- 
licly to  the  sick  within  the  parish,  even  to  non-parishioners,  be- 
longs to  the  pastor. 

Other  priests  may  do  so  only  in  case  of  necessity,  and  with 


THE  BLESSED  SACRAMENT  171 

at  least  the  presumed  permission  of    the   pastor    or    Ordinary. 
(Canon  848.) 

692.  Any  priest  may  privately  bring  holy  Communion  to 
the  sick  with  at  least  the  presiimed  permission  of  the  priest  to 
whom  the  custody  of  the  Blessed  Sacrament  is  entrusted. 

When  holy  Communion  is  administered  privately  to  the 
sick,  the  reverence  and  respect  due  to  such  a  Sacrament  should 
zealously  be  safeguarded,  by  observance  of  the  regulations  laid 
down  by  the  Holy  See.  (Canon  849.) 

693.  The  administration  of  the  holy  Viaticum,   whether 
public  or  private,  belongs  to  the  pastor,  according  to  Canon  848. 
The  exceptions  to  this  Canon  are  stated  in  Canons  397,  n.  3  and 
514,  §§  1—3.     (Canon  850.) 

694.  The  priest  shall  give  holy  Communion  either  in  fer- 
mented or  unfermented  bread,  according  to  the  rules  of  his  Rite. 

In  case  of  urgent  necessity,  when  there  is  no  priest  of  an- 
other Rite  to  be  had,  the  priest  of  the  Oriental  Rite,  who  uses 
fermented  bread,  may  give  holy  Communion  in  unfermented 
bread,  and  vice  versa.  Each  one  shall  observe  the  ceremonies 
proper  to  his  own  Rite.  (Canon  851.) 

695.  Holy  Communion  is  to  be  given  only  under  the  spe- 
cies of  bread.     (Canon  852.) 

Article  II.     The  Recipient  of  Holy  Communion. 

696.  Every  baptized  person  not  barred  by  law  can  and 
must  be  admitted  to  holy  Communion.     (Canon  853.) 

697.  Children  who,  on  account  of  their  age,  have  not  yet 
the  knowledge  and  desire  for  this  Sacrament  should  not  be  given 
holy  Communion. 

In  case  of  danger  of  death  holy  Communion  may  be  given 
to  young  children,  if  they  know  to  distinguish  the  holy  Euchar- 
ist from  ordinary  bread,  and  reverently  adore  it. 

Outside  the  case  of  danger  of  death  a  deeper  knowledge 
of  Christian  doctrine,  and  a  more  accurate  preparation  is  justly 
demanded,  to  an  extent  that  they  know  at  least  the  mysteries  of 
faith  necessary  as  absolute  means  of  salvation,  and  that  they 
do  approach  holy  Communion  with  such  devotion  as  can  be 
expected  from  young  children. 

The  judgment  of  the  sufficient  disposition  of  children  for 


172  THE  NEW  CANON  LAW 

first  holy  Communion  shall  rest  with  the  confessor  of  the  chil- 
dren and  their  parents,  or  those  who  take  the  place  of  the 
parents. 

The  pastor  has  the  duty  to  watch  that  the  children  do  not 
approach  holy  Communion  before  they  have  come  to  the  use 
of  reason,  and  without  sufficient  knowledge,  wherefore  he  has 
the  right  to  examine  the  children.  It  is  the  pastor's  duty  to  see 
to  it  that  the  children  who  have  attained  the  years  of  discretion 
and  have  sufficient  instruction  are  as  soon  as  possible  strength- 
ened by  this  Divine  food.  (Canon  854.) 

698.  Notoriously  unworthy  Catholics,  such  as  those  ex- 
communicated, interdicted,  and  of  public  bad  repute,  must  not 
be  admitted  to  holy  Communion  until  after  their  repentance  and 
amendment  is  known,  and  satisfaction  has  been  made  for  pub- 
lic scandal. 

Occult  sinners  who  secretly  ask  for  holy  Communion  should 
be  refused  by  the  priest  if  he  knows  that  they  have  not  amended; 
if,  however,  they  ask  publicly  and  the  priest  cannot  pass  them 
over  without  scandal,  he  may  give  them  holy  Communion. 
(Canon  855.) 

699.  No  one  who  is  conscious  of  mortal  sin  shall  go  to 
holy  Communion  before  making  a  sacramental  confession,  no 
matter  how  contrite  he  may  be.     If  necessity  urges  the  recep- 
tion of  holy  Communion,  and  there  is  no  opportunity  to  go  to 
confession,  an  act  of  perfect  contrition  should  first  be  made. 
(Canon  856.) 

700.  No  one  is  allowed  to  receive  holy  Communion  a  sec- 
ond time  on  the  same  day,  except  in  the  cases  mentioned  in 
Canon  858,  §  1.     (Canon  857.)    Cf.  Canon  864,  §  2. 

701.  Those  who  have  not  kept  the  natural  fast  from  mid- 
night are  not  allowed  to  receive,  except  in  danger  of  death,  or 
in  case  it  should  become  necessary  to  consume  the  Blessed  Sacra- 
ment to  safeguard  it  against  irreverence. 

The  sick  who  have  been  laid  up  for  a  month  without  cer- 
tain hope  of  speedy  recovery,  may,  with  the  advice  of  the  con- 
fessor, receive  holy  Communion  once  or  twice  a  week  though 
they  have  taken  medicine  or  some  liquid  food.  (Canon  858.) 

The  reader  will  notice  that  the  Code  extends  the  original 
concessions  in  favor  of  sick  people.  The  decree  of  the  S.  Con- 
gregation of  the  Council,  Dec.  7,  1906,  distinguished  between 


THE  BLESSED  SACRAMENT  173 

patients  lying  ill  in  a  hospital  or  other  place  where  the  Blessed 
Sacrament  was  kept,  and  allowed  them  to  receive  once  or  twice 
a  week  under  the  same  conditions  as  mentioned  in  this  Canon, 
while  patients  in  other  places  could  receive  only  once  or  twice 
a  month  without  observing  the  eucharistic  fast. 

702.  Each  and  every  Catholic  of  either  sex  must,  after 
having  attained  the  years    of    discretion,    receive    holy    Com- 
munion once  a  year  at  least  in  the  Easter  season,  unless  at  the 
direction  of  his  priest  he  believes  it  proper  to  abstain  for  some 
time. 

The  Easter  Communion  is  to  be  received  between  Palm- 
Sunday  and  Low  Sunday;  the  local  Ordinaries  have  the  right 
to  extend  this  period  for  all  the  faithful  of  the  diocese,  if  they 
think  this  necessary  on  account  of  the  condition  of  people  and 
place,  from  the  fourth  Sunday  in  Lent  to  Trinity  Sunday,  but 
no  further. 

The  faithful  are  to  be  advised  to  satisfy  their  Easter  duty 
in  their  own  parish  church,  and  those  who  received  in  another 
church  should  take  care  to  inform  their  pastor  of  the  fulfilment 
of  their  Easter  duty. 

If  for  any  reason  one  has  not  made  his  Easter  duty  with- 
in the  prescribed  time  he  is  still  bound  by  that  precept.  (Canon 
859.) 

703.  The  obligation  of  the  Easter  duty  for  children  be- 
low the  age  of  puberty  rests  principally  on  those  who  have  the 
responsibility  for  the  children,  namely,  parents,  guardians,  con- 
fessor, teachers,  and  the  pastor.    (Canon  860.) 

704.  The  precept  of  receiving  holy  Communion  is  not  sat- 
isfied by  a  sacrilegious  Communion.     (Canon  861.) 

705.  It  is  proper  that  priests  who  do  not  celebrate  on 
Holy  Thursday  receive  holy  Communion  in  the  solemn,  or  con- 
ventual, Mass  on  that  day.     (Canon  862.) 

706.  The  faithful  should  be  admonished  according  to  the 
decrees  of  the  Holy  See  to  receive  the    eucharistic   bread    fre- 
quently, and  even  daily,  and  that  those  who  assist  at  Holy  Mass 
should  not  only  communicate  spiritually,  but  be  prepared  to  re- 
ceive in  reality  our  Lord  in  the  holy  Eucharist.     (Canon  863.) 

707.  In  danger  of  death,  no  matter  from  what  cause  the 
danger  arises,  the  faithful  are  bound  to  the  precept  of  receiving 
holy  Communion. 


174  THE  NEW  CANON  LAW 

Though  they  have  received  holy  Communion  the  same  day 
they  are  to  be  strongly  advised  to  receive  again  if  in  the  course 
of  the  day  they  should  come  into  danger  of  death. 

During  the  danger  of  death  the  holy  Viaticum  may,  ac- 
cording to  the  judgment  of  the  confessor,  be  administered  re- 
peatedly for  several  days.  (Canon  864.) 

708.  The  holy  Viaticum  for  the  sick  should  not  be  de- 
ferred too  long,  and  those  who  have  the  care  of  souls  should 
see  to  it  that  sick  people  receive  it  while  as  yet  fully  conscious. 
(Canon  865.) 

709.  All  the  faithful  of  any  Rite  are  given  permission 
for  devotion's  sake  to  receive  the  Blessed  Sacrament  consecrated 
in  any  Rite. 

They  are  to  be  advised,  however,  that  each  one  receive  the 
Easter  Communion  in  his  own  Rite. 

The  holy  Viaticum  must  be  received  in  one's  own  Rite,  but 
in  urgent  necessity  it  is  lawful  to  receive  it  in  any  Rite.  (Canon 
866.) 

Article  III.    Time  and  Place  for  the  Distribution  of 
Holy  Communion. 

710.  Holy  Communion  may  be  distributed  every  day. 

On  Good  Friday,  however,  it  may  be  given  only  in  the  form 
of  the  holy  Viaticum  to  the  sick. 

On  Holy  Saturday  holy  Communion  cannot  be  given  to  the 
people  except  in  the  Mass  of  the  day,  or  immediately  after  the 
Mass  is  finished. 

Holy  Communion  is  to  be  given  only  during  those  hours  of 
the  day  when  the  celebration  of  Holy  Mass  is  allowed,  unless 
there  is  good  reason  to  give  it  at  other  times  of  the  day. 

The  holy  Viaticum  may  be  given  any  hour  of  the  day  or 
night.  (Canon  867.) 

711.  The  priest  who  says  Holy  Mass  is  not  allowed  to  give 
holy  Communion  during  the  Mass  to  people  who  are  so  far  away 
from  the  altar  that  the  priest  has  to  go  out  of  sight  of  the  altar. 
(Canon  868.) 

712.  Holy  Communion  may  be  given  wherever  Holy  Mass 
is  allowed  to  be  said,  even  in  a  private  oratory,  unless  the  bishop 
of  the  diocese  should  for  good  reasons  have  forbidden  it  in  some 
particular  case.     (Canon  869.) 


THE  SACRAMENT  OF  PENANCE  175 

TITLE  IV. 
The  Sacrament  of  Penance. 

713.  In  the  Sacrament  of  Penance  the  faithful  who  are 
properly  disposed  receive  pardon  of  the  sins  they  have  committed 
after  Baptism,  by  the  judicial  absolution  of  a  legitimately  ap- 
pointed priest.     (Canon  870.) 

CHAPTER  I. 

The  Minister  of  the  Sacrament  of  Penance. 

714.  A   priest   only   is   the   minister   of   this    Sacrament. 
(Canon  871.) 

715.  Besides  the  power  of  orders,  there  is  the  power  of 
jurisdiction,  either  or.dinary  or  delegated,  necessarily  required  in 
the  minister  for  valid  absolution  from  sins.     (Canon  872.) 

716.  Ordinary  jurisdiction  for  the  hearing  of  confessions 
in  the  whole  Church  have,  besides  the  Roman  Pontiff,  also  the 
Cardinals ;  and,  in  their  respective  territory,  the  local  Ordinaries, 
the  pastor,  and  others  who  take  the  place  of  pastors. 

Ordinary  jurisdiction  have  also  the  Canon  Penitentiary  of  a 
collegiate  church,  according  to  Canon  401,  §  1,  and  the  superiors 
of  exempt  religious  for  their  subjects,  according  to  their  consti- 
tutions. 

This  jurisdiction  ceases  with  the  loss  of  office,  according  to 
Canon  184,  and  by  incurring  excommunication,  suspension  from 
office,  and  interdict  after  a  declaratory  or  condemnatory  sentence 
of  the  ecclesiastical  judge.  (Canon  873.) 

717.  Delegated  jurisdiction  to  hear  the  confession,  both  of 
seculars  and  of  religious,  is  given  to  secular  priests  as  well  as  to 
exempt  and  non-exempt  religious  by  the  Ordinary  of  the  place 
where  the  confessions  are  to  be  heard.    The  religious,  however, 
should  not  make  use  of  this  faculty  without  at  least  the  presumed 
permission  of  their  superiors.    The  rule  of  Canon  519,  however, 
shall  stand. 

The  Ordinaries  of  dioceses  should  not  give  to  the  religious 
habitual  faculties  to  hear  confessions  unless  they  have  been 
presented  by  their  own  superiors ;  and  to  those  presented  by  their 
own  superiors  they  should  not  deny  this  faculty  without  a  serious 
reason.  Canon  877  is,  however,  to  be  observed.  (Canon  874.) 


176  THE  NEW  CANON  LAW 

718.  In  clerical  exempt  Religious  Orders  and  congregations 
the  proper  superior,  according  to  the  constitutions,  can  give  dele- 
gated jurisdiction  to  hear  the  confessions  of  the  professed,  the 
novices  and  of  those  who  board  in  the  religious  house,  mentioned 
in  Canon  514,  §  1 ;  this  jurisdiction  he  may  give  also  to  secular 
priests  and  priests  of  another  Order  or  congregation. 

In  laical  exempt  Orders  the  superior  proposes  the  confessor 
who,  however,  must  obtain  jurisdiction  from  the  Ordinary  of  the 
diocese  where  the  religious  house  is  situated.  (Canon  875.) 

719.  Revoking  all  contrary  particular  laws  or  privileges, 
all  secular  and  religious  priests  need  special  jurisdiction  to  validly 
and  licitly  hear  the  confessions  of  any  religious  women,  even  of 
novices.     Exceptions  to  this  rule  are  contained  in  Canons  239, 
§  1,  n.  1,  522  and  523,  which  Canons  refer  to  the  faculties  the 
Cardinals  have  to  hear  confessions  of  seculars  and  religious  any- 
where; the  other  Canons  refer  to  the  confessions  of  religious 
made  in  any  church,  public  or  semi-public  oratory,  where  any 
approved  priest  can  hear  religious  women,  and  to  cases  of  serious 
illness  when  the  sick  sister  may  call  any  approved  priest  to  hear 
her  confession.    Outside  these  cases  therefore  no  priest  can  hear 
the  confession  of  sisters  in  their  convents  without  being  specially 
approved  for  the  sisters. 

This  faculty  is  to  be  given  by  the  Ordinary  of  the  diocese 
where  the  house  of  the  sisters  is  situated,  according  to  Canon  525. 
(Canon  876.) 

720.  Both,  the  bishop  and  the  religious  superior,  should  not 
grant  faculties  to  hear  confessions  except  to  those  who  by  exami- 
nation have  been  found  capable,  unless  there  is  question  of  priests 
whose  theological  learning  is  plainly  known  from  other  sources. 

If,  after  the  faculty  has  been  granted,  serious  doubt  arises 
as  to  whether  the  priest  who  was  approved  continues  to  be  ca- 
pable, those  who  approved  him  may  recall  him  for  examination, 
even  though  there  is  question  of  a  pastor  or  a  canon  penitentiary. 
(Canon  877.) 

721.  Delegated  jurisdiction  or  permission  to  hear  confes- 
sions can  be  given  with  certain  restrictions. 

The  bishop  and  religious  superiors  should,  however,  not 
limit  the  jurisdiction  or  permission  too  much  without  a  reason- 
able cause.  ( Canon  878. ) 

722.  Jurisdiction  must  be  given  either  in  writing  or  ex- 


MINISTER  OF  THE  SACRAMENT  OF  PENANCE  177 

pressed  in  words  in  order  to  be  valid  for  the  hearing  of  con- 
fessions. 

No  compensation  can  be  demanded  for  the  granting  of  juris- 
diction. (Canon  879.) 

723.  The  bishop  and  the  religious  superior  should  not  re- 
voke or  suspend  the  jurisdiction  or  permission  to  hear  confes- 
sions except  for  a  serious  reason. 

For  grave  reasons  the  bishop  may  deprive  of  the  faculties  to 
hear  confessions  even  pastors  and  penitentiaries,  who  may,  how- 
ever, take  recourse  to  the  Holy  See,  but  must  in  the  meantime 
abide  by  the  orders  of  the  bishop. 

The  bishop  is  not  allowed  without  consulting  the  Holy  See 
to  deprive  all  the  confessors  of  a  religious  community  at  one  and 
the  same  time  of  their  faculties,  if  there  is  question  of  so-called 
formed  houses.  (Canon  880.) 

724.  All  priests,  seculars  as  well  as  religious,  approved  for 
confessions  in  some  diocese,  either  with  ordinary  or  delegated 
jurisdiction,  can  also  hear  and  absolve  those  who  have  no  domi- 
cile, called  vagi,  and  those  who  belong  to  another  diocese  or 
parish,  and  Catholics  of  any  Oriental  Rite. 

Those  who  have  ordinary  jurisdiction  can  absolve  their  sub- 
jects anywhere  in  the  world.  (Canon  881.) 

725.  In  danger  of  death  any  priest,  though  he  be  not  ap- 
proved for  confessions,  may  validly  and  licitly  absolve  all  peni- 
tents from  all  sins  and  censures,  no  matter  in  what  manner  they 
are  reserved  and  how  public  their  censure  is,  though  there  be 
present  an  approved  priest.    There  are  two  modifications  to  this 
rule,  one  contained  in  Canon  884,  which  will  be  seen  there,  and 
the  other  in  Canon  2252,  which  orders  that  when  the  priest  ab- 
solves a  penitent  in  danger  of  death  from  a  censure  specialissimo 
modo  reserved  to  the  Holy  See  or  from  a  censure  inflicted  by  the 
Holy  See  or  an  Ordinary  by  special  sentence  on  the  guilty  per- 
son, recourse  must  be  had  to  the  Holy  See  in  the  one  case,  and 
to  the  authority  that  inflicted  the  censure  in  the  other,  for  the 
imposition  of  a  penance,  if  the  sick  person  gets  well.     (Canon 
882.) 

726.  All  priests  who  make  an  ocean  trip  can  hear  confes- 
sions on  board  during  the  time  of  the  voyage  and  absolve  the 
faithful   who   travel    with   them,   though   the   boat   may   pass 
through  the  diocese  of  other  bishops  or  stay  for  a  while  in  some 


178  THE  NEW  CANON  LAW 

port,  provided  they  have  been  approved  for  confessions  either  by 
the  bishop  of  their  own  diocese,  or  by  the  bishop  of  the  port 
where  they  take  ship,  or  by  the  Ordinary  of  any  of  the  ports  at 
which  the  boat  calls. 

Whenever  the  boat  stops  at  some  port  during  the  trip  they 
may  hear  and  absolve  not  only  the  people  who  for  any  reason 
come  on  board  ship,  but,  if  the  priest  goes  ashore  for  a  while, 
also  those  people  who  request  him  to  hear  their  confession,  in 
which  case  he  may  absolve  also  from  sins  reserved  by  the  bishop 
of  that  place.  (Canon  883.) 

727.  The  absolution  of  the  priest's  own  accomplice  in  a  sin 
of  impurity  is  invalid  except  when  that  person  is  in  danger  of 
death.    The  priest  absolves  illicitly  even  in  danger  of  death  un- 
less another  priest  cannot  be  had,  or  the  calling  of  another  under 
the  circumstances  would  implicitly  reveal  the  sin  of  the  priest 
and  of  the  sick  person ;  the  apostolic  Constitutions,  and  especially 
that  of  Pope  Benedict  XIV:  Sacramentum  Poenitentiae,  thus 
declare.     (Canon  884.) 

728.  Though  the  prayers  attached  by  the  Church  to  the 
formula  of  absolution  are  not  necessary  for  the  validity  of  the 
absolution,  nevertheless  they  should  not  be  omitted  except  for 
good  reasons.     (Canon  885.) 

729.  If  the  confessor  cannot  call  in  doubt  the  proper  dis- 
position of  a  penitent  who  asks  for  absolution,  the  priest  must 
neither  deny  nor  defer  absolution.     (Canon  886.) 

730.  The  confessor  should  impose  a  salutary  penance  in 
proportion  to  the  number  and  gravity  of  the  sins,  and  accommo- 
dated to  the  condition  of  penitents,  which  penance  they  must  ac- 
cept with  a  willing  heart  and  perform  personally.     (Canon  887.) 

731.  The  priest  should  remember  that  in  the  hearing  of 
confessions  h^  is  to  act  the  part  of  both  judge  and  physician,  and 
that  he  is  appointed  by  God  a  minister  of  both  Divine  justice 
and  mercy,  so  as  to  safeguard  the  honor  of  God  and  provide  for 
the  welfare  of  souls. 

The  priest  must  absolutely  guard  against  inquiring  about 
the  name  of  an  accomplice  in  sins  confessed,  and  against  detain- 
ing penitents  with  useless  and  too  inquisitive  questions,  especially 
concerning  the  Sixth  Commandment,  lest  he  may  by  imprudent 
questions  teach  the  youth  what  they  should  not  know.  (Canon 
888.) 


RESERVATION  OF  SINS  179 

732.  The  sacramental  seal  is  inviolable,  wherefore  the  con- 
fessor must  carefully  watch  himself  not  to  betray  the  sinner  by 
words  or  signs,  or  in  any  other  way,  for  any  reason  whatsoever. 

The  obligation  of  keeping  the  sacramental  seal  rests  also 
with  the  interpreter,  and  with  all  other  persons  to  whom  knowl- 
edge of  the  confession  has  come  in  any  way.  (Canon  889.) 

733.  The   confessor   is  absolutely   forbidden  to   use   the 
knowledge  derived  from  confession  in  any  manner  disagreeable 
to  the  penitent,  even  though  there  be  no  danger  of  revelation. 

The  actual  superior,  as  well  as  the  confessor  who  is  made 
superior  afterwards,  cannot  use  the  knowledge  they  have  gained 
from  confessions  for  the  purpose  of  the  external  government  in 
any  way.  (Canon  890.) 

734.  The  master  of  novices  and  his  associate,  and  the  su- 
perior of  a  seminary  or  college,  shall  not  hear  the  confessions  of 
the  pupils  in  their  charge,  except  in  particular  cases  where  the 
novice  or  student  for  grave  and  urgent  reasons  should  of  his 
own  accord  ask  them  to  hear  his  confession.     (Canon  891.) 

735.  Pastors  and  others  to  whom  the  care  of  souls  is  en- 
trusted by  virtue  of  their  office,  are  held  under  grave  obligation 
of  justice  to  hear,  either  in  person  or  through  others,  the  con- 
fessions of  the  faithful  in  their  charge  whenever  they  reasonably 
ask  to  be  heard. 

In  case  of  urgent  necessity  all  confessors  are  by  the  duty  of 
charity  obliged  to  hear  the  confessions  of  the  faithful,  and  in 
danger  of  death  any  priest,  though  he  is  not  approved  or  is  under 
censure,  ( Canon  892. ) 

CHAPTER  II. 
Reservation  of  Sins. 

736.  Those  who  have  the  ordinary  power  of  giving  to 
others  faculties  to  hear  confessions  or  to  inflict  censures,  can  also 
reserve  some  cases  to  their  own  tribunal  and  thus  limit  the  power 
of  absolution  given  to  their  priests.    Though  the  vicar  capitular 
and  the  vicar  general  have  ordinary  power  to  approve  others  for 
confession,  the  vicar  capitular  (with  us  the  administrator  of  the 
diocese)   cannot  reserve  cases,  and  the  vicar  general  only  by 
special  mandate  from  the  bishop. 

This  restriction  of  jurisdiction  is  called  the  reservation  of 
cases. 


180  THE  NEW  CANON  LAW 

In  reference  to  the  reservation  of  censures  the  rules  of 
Canons  2246-2247  are  to  be  followed.    (Canon  893.) 

737.  Among  the  papal  reserved  censures  there  is  only  one 
case  reserved  after  the  manner  of  reserved  sins,  namely  the  false 
accusation  before   ecclesiastical  judges  of   an  innocent  priest, 
charging  him  with  the  crime  of  solicitation  in  confession.    (Canon 
894.)     The  Code,  in  Canon  2363,  punishes  this  sin  with  excom- 
munication reserved  to  the  Holy  See  speciali  modo,  which  cen- 
sure is  new.     Papal  censures  as  a  rule  are  reserved  in  such  a 
manner  that  the  censure  is  the  primary  object  of  the  reservation, 
so  that  a  case  ceases  to  be  reserved  if  the  censure  was  not  in- 
curred, be  it  through  ignorance  of  the  penalty  or  through  any 
other  excuse  from  the  censure  admitted  in  law.     The  case  of 
Canon  894  is  an  exception  from  the  general  rule,  and  as  the 
Canon  states,  the  only  exception  in  papal  cases. 

738.  The  Ordinaries  of  dioceses  should  not  reserve  sins 
until  after  a  thorough  discussion  in  the  diocesan  synod,  or  out- 
side the  synod  with  the  cathedral  Chapter  or  the  diocesan  consul- 
tors  and  other  experienced  and  prudent  confessors,  so  as  to  make 
sure  that  the  reservation  will  be  really  necessary,  or  at  least  use- 
ful.   (Canon  895.) 

739.  The  Superior  General,  and  the  abbot  of  an  indepen- 
dent monastery,  with  their  respective  council  are  the  only  supe- 
riors of  religious  who  can  reserve  sins  of  their  subjects.     (Canon 
896.)    Canon  518,  §  1,  demands  that  in  each  house  several  con- 
fessors are  to  be  appointed  to  whom  the  faculty  to  absolve  from 
sins  reserved  in  the  Orders  must  be  granted;  Canon  519  rules 
that  a  priest  approved  by  the  bishop  of  the  diocese  to  whom  a 
religious  comes  to  confession  may  absolve  him  from  all  sins  even 
from  those  reserved  in  the  Order.    Former  concessions  granting 
to  exempt  religious  the  right  to  make  their  confession  to  a  priest 
not  approved  by  the  superior  for  the  confessions  of  their  sub- 
jects, had  various  restrictive  clauses,  for  instance  that  only  when 
they  were  for  an  entire  day  away  from  the  house,  or  that  for  a 
whole  day  there  was  no  other  priest  of  the  Order  at  home,  etc. 
The  present  law  does  not  place  any  such  restrictions  and  revokes 
all  contrary  privileges.    In  the  matter  of  confession  the  privilege 
of  exemption  has  therefore  been  considerably  diminished  for  all 
exempt  religious,  but  it  has  been  done  in  the  best  interests  of 
liberty  in  affairs  of  conscience. 


RESERVATION  OF  SINS  181 

740.  The  reserved  cases  should  be  few  in  number,  namely 
three  or  at  most  four,  and  they  should  embrace  the  more  grievous 
and  hideous  external  crimes  specifically  stated.    The  reservation 
should  not  remain  in  force  longer  than  necessary  for  the  extir- 
pation of  some  inveterate  public  crime,  or  for  the  restoration  of 
weakened  Christian  discipline.     (Canon  897.) 

741.  The  inferior  authorities  shall  abstain  from  reserving 
to  themselves  sins  which  are  by  reason  of  the  censure  attached 
to  the  sin  already  reserved  to  the  Holy  See.    They  shall  also  as 
a  rule  refrain  from  reserving  sins  to  which  the  law  has  already 
attached  a  censure  that  is  not  reserved.     (Canon  898.)     The 
Code,  therefore,  does  not  wish  the  Ordinaries  to  make  those  sins 
which  are  punished  with  a  censure  by  the  laws  of  the  Code 
diocesan  reserved  sins,  in  case  the  papal  censure  was  not  con- 
tracted by  the  guilty  person  through  ignorance  of  the  censure  or 
other  excuses  admitted  in  law. 

742.  The  Ordinaries  of  dioceses  should  see  to  it  that  once 
they  have  reserved  some  cases  as  seemed  to  them  necessary  or 
useful,  these  reservations  come  to  the  knowledge  of  the  people 
and  they  should  not  grant  faculty  too  freely  to  absolve  from  the 
reserved  cases. 

The  faculty  to  absolve  from  the  bishop's  reserved  cases  is 
granted  by  law  to  the  Canon  Penitentiary  of  cathedral  and  colle- 
giate churches,  and  should  be  given  habitually  to  the  deans,  with 
the  power  to  subdelegate  priests  of  their  district  for  individual 
cases,  especially  in  towns  and  districts  far  away  from  the  epis- 
copal city. 

By  law  the  pastors,  and  others  who  come  under  the  name 
of  pastors  in  the  Code,  have  the  faculty  to  absolve  from  the 
bishop's  reserved  cases,  no  matter  in  what  manner  they  are  re- 
served, during  the  time  in  which  the  Easter  duty  can  be  fulfilled, 
and  the  missionaries  for  the  time  of  missions  given  to  the  people. 
(Canon  899.) 

743.  Any  reservation  ceases: 

1.  if  the  sick  who  cannot  leave  the  house  make  their  con- 
fession, and  when  those  about  to  be  married  confess; 

2.  whenever  the  legitimate  superior  has  refused  the  faculty 
to  absolve  asked  in  an  individual  case,  and  also  in  cases  where 
the  confessor  judges  that  the  faculty  to  absolve  cannot  be  asked 
from  the  proper  superior  without  great  inconvenience  to  the  peni- 


182  THE  NEW  CANON  LAW 

tent,  or  without  danger  of  violating  the  sacramental  seal.  In 
ordinary  cases,  when  the  penitent  cannot  conveniently  wait  for 
absolution,  he  may  be  indirectly  absolved  from  the  bishop's  re- 
served case  and  faculty  obtained  afterwards  to  absolve  directly; 
3.  if  the  penitent  who  has  fallen  into  a  case  reserved  to  the 
bishop  goes  outside  the  diocese,  even  for  no  other  purpose  than 
to  get  absolution,  he  can  be  absolved  by  any  priest.  If,  however, 
the  same  case  should  perchance  be  reserved  also  in  that  other  dio- 
cese the  priest  cannot  absolve  the  penitent  because  his  jurisdic- 
tion over  that  sin  is  taken  away  from  him.  (Canon  900.) 

CHAPTER  III. 
The  Subject  of  the  Sacrament  of  Penance. 

744.  Any  person  who  has  committed  mortal  sins  after 
Baptism,  for  which  he  has  not  yet  received  direct  pardon  through 
the  power  of  the  keys,  is  bound  to  confess  all  mortal  sins  which 
after  a  diligent  examination  of  conscience  he  finds  himself  guilty 
of,  together  with  the  circumstances  which  may  change  the  species 
of  sins.     (Canon  901.) 

745.  Mortal  sins  committed  after  Baptism,  and  already 
directly  remitted  by  the  power  of  the  keys,  or  venial  sins,  are 
sufficient  but  not  necessary  matter  for  the  Sacrament  of  Pen- 
ance.    (Canon  902.) 

746.  Those  who  cannot  make  themselves  understood  any 
other  way  are  not  forbidden  to  confess  through  an  interpreter  if 
they  wish  to  do  so,  and  the  interpreter  is,  as  Canon  889,  §  2, 
states,  held  to  the  seal  of  confession  in  the  same  manner  as  the 
priest.     (Canon  903.) 

747.  According  to  the  Apostolic  constitutions,  and  espe- 
cially according  to  the  Constitution  of  Pope  Benedict  XIV,  Sacra- 
mentum  Poenitentiae,  of  June  1,  1741,  the  penitent  has  the  duty 
to  denounce  to  the  Ordinary  or  the  Sacred  Congregation  of  the 
Holy  Office  within  one  month  the  priest  who  is  guilty  of  solicita- 
tion in  confession;  the  confessor  has  the  duty,  under  pain  of 
mortal  sin,  to  remind  the  penitent  of  this  obligation.     (Canon 
904.) 

748.  All  the  faithful  may,  if  they  prefer,  make  their  con- 
fession to  a  lawfully  approved  priest  of  any  other  Catholic  Rite. 
(Canon  905.) 


749.  Each  and  every  one  of  the  faithful  of  either  sex  have 
the  obligation,  from  the  time  they  attain  the  use  of  reason,  to 
confess  all  their  sins  truthfully  at  least  once  a  year,  that  is  to 
say,  all  their  mortal  sins  which  have  not  yet  been  properly  con- 
fessed and  directly  remitted  by  absolution.     (Canon  906.) 

750.  He  who  makes  a  sacrilegious,  or  intentionally  invalid 
confession  does  not  satisfy  the  precept  of  confessing  his  sins. 
(Canon  907.) 

CHAPTER  IV. 
The  Place  where  Confessions  are  heard. 

751.  The  proper  place  for  sacramental  confession  is  the 
church,  or  a  public  or  semi-public  oratory.     ( Canon  908. ) 

752.  The   confessional    for   hearing   the   confessions    of 
women  shall  always  be  placed  in  an  open  and  conspicuous  place, 
and  as  a  rule  in  a  church  or  public  or  semi-public  oratory  ap- 
pointed for  women. 

The  confessional  must  be  so  constructed  that  between  the 
penitent  and  the  confessor  there  is  an  irremovable  grate  with 
small  holes.  (Canon  909.) 

753.  The  confessions  of  women  are  not  to  be  heard  outside 
the  confessional,  except  in  case  of  illness  or  any  other  real  neces- 
sity, and  under  the  precautions  prescribed  by  the  bishop  of  the 
diocese. 

The  confessions  of  men  may  be  heard  also  in  private  houses. 
(Canon  910.) 

CHAPTER  V. 

Indulgences. 
Article  I.    Concession  of  Indulgences. 

754.  All  the  faithful  should  hold  in  great  reverence  the 
indulgences  which  the  ecclesiastical  authority  grants  from  the 
treasury  of  the  Church.     Indulgences  given  to  the  living  are 
granted  in  the  form  of  absolution  from  temporal  punishment  due 
for  sins  already  pardoned  as  to  their  guilt,  and  if  granted  to  be 
gained  for  the  faithful  departed  they  are  applied  in  the  form  of 
suffrage,  because  the  Church  has  no  longer  jurisdiction  over  the 
faithful  once  they  have  passed  this  life.     (Canon  911.) 

755.  To  the  Roman  Pontiff  is  committed  by  Christ  the  en- 
tire spiritual  treasury  of  the  Church,  wherefore  only  the  Pope 


184  THE  NEW  CANON  LAW 

and  those  to  whom  he  has  given  participation  in  the  power  by 
law,  have  the  ordinary  power  to  grant  indulgences.  (Canon  912.) 

756.  Those  inferior  to  the  Roman  Pontiff  cannot : 

1.  give  to  others  the  faculty  to  grant  indulgences,  unless 
the  Holy  See  has  expressly  given  them  this  indult; 

2.  concede   indulgences   that   are   applicable   to   the   poor 
souls ; 

3.  attach  an  indulgence  to  the  same  object,  or  the  same 
pious  work,  or  to  a  sodality  to  which  the  Holy  See  or  another 
authority  has  already  granted  an  indulgence,  unless  additional 
conditions  are  prescribed  for  gaining  the  indulgence.     (Canon 
913.) 

757.  The  Papal  Benediction  with  a  plenary  indulgence  may 
be  given  in  the  prescribed  form  of  the  Ritual  by  the  bishop  in  his 
own  diocese  twice  a  year,  namely  on  Easter  Sunday  and  on  an- 
other solemn  feast  to  be  designated  by  him,  though  he  only  assist 
at  the  solemn  Mass;  abbots  and  prelates  nullius,  vicars  and  pre- 
fects apostolic,  though  they  are  not  consecrated  bishops,  may  in 
their  territory  give  the  Papal  Benediction  on  one  of  the  more 
solemn  feasts  of  the  year.     (Canon  914.) 

758.  Regulars  who  have  the  privilege  to  give  the  Papal 
Benediction  are  not  only  obliged  to  observe  the  prescribed  form, 
but  cannot  make  use  of  their  privilege  except  in  their  own 
churches  and  in  the  churches  of  the  nuns  and  of  tertiaries  legiti- 
mately aggregated  to  their  Order.    They  are  not  allowed  to  give 
it  on  the  same  day  in  the  same  place  where  the  bishop  imparts 
the  Papal  Benediction.     (Canon  915.) 

759.  The  bishops,  abbots,  prelates  nullius,  vicars  and  pre- 
fects apostolic,  and  the  major  superiors  of  clerical  exempt  reli- 
gious, can  designate  and  declare  one  altar  privileged  daily  and 
forever  (provided  there  is  no  other  altar  in  the  church  that  has 
already  the  same  privilege)  in  their  cathedral,  abbatial,  collegiate, 
conventual,  parochial  and  quasi-parochial  churches,  not,  how- 
ever, in  public  or  semi-public  oratories  unless  they  are  united  to 
the  parish  church,  or  subsidiary  to  it.     (Canon  916.) 

760.  On  All  Souls'  Day  all  Masses  have  the  same  privilege 
as  though  they  were  celebrated  at  a  privileged  altar. 

All  altars  of  a  church  are  privileged  on  days  on  which  the 
Forty  Hours'  Devotion  is  held.     (Canon  917.) 

761.  In  order  to  indicate  that  the  altar  is  privileged  noth- 


INDULGENCES  185 

ing  else  should  be  inscribed  except  "privileged  altar,"  with  the 
addition  of  "perpetual,"  or  "temporary,"  "daily,"  or  otherwise, 
according  to  the  wording  of  the  indult. 

For  Masses  to  be  said  at  the  privileged  altar  no  larger  sti- 
pend can  be  demanded  by  reason  of  the  privilege.  (Canon  918.) 

762.  New  indulgences,  also  those  granted  to  churches  of 
regulars,  must  not  be  published  without  first  consulting  the  bishop 
of  the  diocese.     If,  however,  the  indulgence  has  been  published 
at  Rome,  for  instance,  by  publishing  the  indult  in  the  Acta  Apos- 
tolicae  Sedis,  they  need  not  be  submitted  to  the  Ordinary. 

In  the  publication  of  books,  pamphlets,  etc.,  containing  a  list 
of  indulgences  granted  to  various  prayers  and  pious  works, 
Canon  1388  is  to  be  observed,  which  demands  the  approval  of  the 
bishop  and  in  certain  instances  that  of  the  Holy  See.  (Canon 
919.) 

763.  The  person  who  obtained  from  the  Roman  Pontiff  a 
concession  of  indulgences  for  all  the  faithful,  is  obliged,  under 
pain  of  nullity  of  the  concession,  to  place  before  the  Sacred  Peni- 
tentiary an  authentic  copy  of  the  concession.     (Canon  920.) 

764.  Plenary  indulgences  conceded  for  the  feasts  of  our 
Lord  and  of  the  Blessed  Virgin,  are  to  be  understood  for  those 
feasts  only  that  are   found  in  the  universal  calendar  of  the 
Church. 

A  plenary  or  a  partial  indulgence  conceded  for  the  feasts  of 
Apostles  can  be  gained  only  on  their  dies  natalis. 

A  plenary  indulgence  granted,  either  daily  and  perpetually 
or  for  some  time,  to  those  who  visit  a  church  or  public  oratory 
is  to  be  understood  in  such  way  that  it  can  be  gained  any  day  but 
only  once  a  year  by  any  of  the  faithful,  unless  the  indult  ex- 
pressly makes  other  provisions.  (Canon  921.) 

765.  The  indulgences  annexed  to  feasts,  or  to  sacred  sup- 
plications and  prayers  in  the  form  of  novenas,  or  held  for  a  week 
or  three  days  either  before  or  after  the  feast  or  during  the  oc- 
tave, are  to  be  considered  transferred  to  that  day  to  which  the 
feast  is  legitimately  transferred,  if  the  transferred  feast  has  an 
office  and  Holy  Mass  without  solemnity  and  external  celebration, 
and  the  transfer  is  made  perpetual  or  if  either  for  a  time  or  for- 
ever the  external  celebration  of  the  solemnity  is  transferred. 
(Canon  922.) 

766.  In  order  to  gain  an  indulgence  affixed  to  a  certain  day, 


186  THE  NEW  CANON  LAW 

for  which  the  visit  of  some  church  or  oratory  is  required,  the  visit 
can  be  made  from  noon  of  the  preceding  day  until  midnight  of 
the  day  appointed  for  the  indulgence.  (Canon  923.) 

767.  In  accordance  with  the  rule  of  Canon  75,  the  indul- 
gences attached  to  some  church  do  not  cease  if  the  church  should 
be  totally  destroyed  but  rebuilt  within  fifty  years  in  about  the 
same  location  and  under  the  same  title. 

Indulgences  attached  to  prayer  beads,  and  other  religious 
objects,  cease  then  only  when  the  beads  or  other  blessed  articles 
cease  to  exist,  or  are  sold.  (Canon  924.) 

Article  II.     Manner  of  Gaining  Indulgences. 

768.  In  order  that  one  may  gain  for  himself  any  indul- 
gence he  must  be  baptized,  free  from  excommunication,  in  the 
state  of  grace  at  least  at  the  end  of  the  pious  works  prescribed, 
and  a  subject  of  the  authority  granting  the  indulgence. 

If  a  subject  capable  of  gaining  indulgences  is  to  actually 
acquire  them,  he  must  have  at  least  the  general  intention  to  gain 
them,  and  fulfil  the  prescribed  good  works  at  the  stated  time  and 
in  the  manner  required  by  the  wording  of  the  indult.  (Canon 
925.) 

769.  The  plenary  indulgence  is  to  be  considered  granted  in 
such  manner  that,  if  one  cannot  gain  it  for  oneself  as  a  plenary 
indulgence,  he  may  gain  it  partially  according  to  the  disposition 
in  which  his  soul  is.     (Canon  926.) 

770.  Unless   the   concession   reads   otherwise,   the   indul- 
gences granted  by  the  bishop  can  be  gained  by  his  subjects  also 
outside  the  territory  of  the  diocese,  and  likewise  by  transients 
and  vagi,  and  by  all  exempt  persons  actually  living  in  the  diocese. 
(Canon  927.) 

771.  A  plenary  indulgence  can  be  gained  once  a  day  only, 
though  the  prescribed  work  be  performed  repeatedly  on  the  same 
day,  unless  the  indult  expressly  allows  the  repeated  gaining  of 
the  indulgence. 

Partial  indulgences,  on  the  contrary,  may  be  gained  repeat- 
edly on  the  same  day  by  repetition  of  the  prescribed  good  work, 
unless  the  indult  explicitly  makes  a  restriction.  (Canon  928.) 

772.  The  faithful  of  either  sex  who,  either  for  the  sake  of 
religious  perfection,  or  study  and  education,  or  for  the  sake  of 
health,  lead  a  community  life  in  houses  established  with  the  con- 


INDULGENCES  187 

sent  of  the  Ordinary  of  the  diocese,  and  all  other  persons  living 
there  to  do  service,  can  gain  indulgences  for  which  the  visit  of 
some  church  or  public  oratory  in  general  is  required  by  visiting 
the  chapel  in  the  house,  where  they  can  by  law  satisfy  their  obli- 
gation of  hearing  Mass  on  Sundays  and  holidays  of  obligation, 
provided  there  is  no  public  church  or  oratory  attached  to  the  in- 
stitution, and  that  they  fulfil  the  other  good  works  prescribed  for 
the  gaining  of  the  indulgence.  (Canon  929.) 

773.  No  person  gaining  an  indulgence  can  apply  it  to  other 
living  persons ;  to  the  poor  souls  in  purgatory  all  indulgences  con- 
ceded by  the  Roman  Pontiff  may  be  applied,  unless  the  contrary 
is  stated  in  the  indult.    (Canon  930.) 

774.  The  confession  which  may  be  demanded  for  any  of 
the  indulgences,  can  be  made  within  eight  days  immediately  pre- 
ceding the  day  to  which  the  indulgence  is  attached;  holy  Com- 
munion may  be  received  the  day  previous,  and  both,  confession 
and  Communion,  can  also  be  made  during  the  octave  of  the  feast. 

To  gain  the  indulgences  granted  for  triduums,  or  exercises 
for  a  week,  etc.,  the  confession  and  Communion  can  be  made 
within  eight  days  immediately  following  the  conclusion  of  the 
exercises. 

The  faithful  who  are  in  the  habit  to  confess  at  least  twice 
a  month  unless  legitimately  impeded,  or  who  receive  holy  Com- 
munion daily  in  the  state  of  grace  and  with  a  good  and  holy  in- 
tention, though  they  may  abstain  from  receiving  once  or  twice 
a  week,  can  gain  all  indulgences  without  actual  confession  for 
which  otherwise  confession  would  be  a  necessary  condition.  The 
indulgences  of  an  ordinary  or  extraordinary  jubilee,  and  those 
granted  in  the  form  of  a  jubilee,  are  excepted  from  this  conces- 
sion. (Canon  931.) 

775.  By  good  works  to  which  one  is  held  by  law  or  precept 
the  indulgence  cannot  be  gained,  unless  in  the  concession  of  the 
indulgence  the  contrary  is  expressly  conceded;  good  works  im- 
posed as  penance  in  sacramental  confession,  however,  which  may 
perchance  be  enriched  with  indulgences,  serve  both  for  satisfac- 
tion of  the  penance  and   for  the  gaining  of  the  indulgence. 
(Canon  932.) 

776.  To  one  and  the  same  object  or  place  various  indul- 
gences from  different  titles  can  be  annexed,  but  by  one  and  the 
same  good  work  to  which  by  different  titles  various  indulgences 


188  THE  NEW  CANON  LAW 

are  annexed  one  cannot  gain  all  these  various  indulgences,  unless 
the  good  work  prescribed  is  confession  and  holy  Communion,  or 
the  indult  granting  the  indulgence  expressly  states  the  contrary. 
(Canon  933.) 

777.  If  for  the  gaining  of  an  indulgence  prayer  in  general 
for  the  intentions  of  the  Holy  Father  is  prescribed,  purely  mental 
prayer  is  not  sufficient;  the  vocal  prayer  may  be  chosen  by  the 
faithful,  unless  particular  prayers  are  assigned. 

If  a  particular  prayer  is  assigned,  the  indulgences  can  be 
gained  by  reciting  the  prayer  in  any  language,  provided  there  is 
certainty  as  to  the  exactness  of  the  translation  either  by  declara- 
tion of  the  Sacred  Penitentiary  or  by  the  bishop  of  the  diocese 
where  the  language,  into  which  the  prayer  has  been  translated, 
is  commonly  used.  The  indulgences,  however,  cease  by  any  ad- 
dition, diminution  or  interpolation. 

For  the  gaining  of  the  indulgence  it  suffices  to  say  the 
prayers  alternately  with  others,  or  to  follow  them  mentally  while 
they  are  recited  by  another.  (  Canon  934. ) 

778.  The  confessors  can  commute  the  good  works  de- 
manded for  the  gaining  of  indulgences  for  people  who  on  account 
of  some  legitimate  impediment  cannot  perform  these  works. 
(Canon  935.) 

779.  Mutes  can  gain  the  indulgences  attached  to  the  reci- 
tation of  public  prayers  by  assisting  with  the  faithful  at  the 
services  and  raising  their  hearts  and  minds  to  God.     If  there  is 
question  of  private  prayers  it  is  sufficient  that  they  say  them 
mentally,  or  by  signs,  or  by  perusing  them  with  their  eyes. 
(Canon  936.) 

TITLE  V. 

Extreme  Unction. 

780.  The  Sacrament  of  Extreme  Unction  must  be  admin- 
istered by  the  sacred  anointings  with  properly  blessed  olive  oil 
and  pronouncing  the  words  prescribed  in  the  rituals  approved  by 
the  Church.    (Canon  937.) 

CHAPTER  I. 
The  Minister  of  Extreme  Unction. 

781.  This  Sacrament  can  be  validly  administered  only  by 
a  priest. 


THE  RECIPIENT  OF  EXTREME  UNCTION         189 

With  the  exceptions  mentioned  in  Canons  397,  n.  3,  and 
514,  §§  1-3,  the  pastor  of  the  parish  in  which  the  sick  person 
happens  to  be  is  the  ordinary  minister  of  Extreme  Unction.  In 
case  of  necessity,  or  with  the  permission  at  least  presumed  of  the 
pastor  or  the  Ordinary,  any  other  priest  may  administer  this 
Sacrament.  (Canon  938.) 

782.  The  ordinary  minister  is  bound  in  justice  to  admin- 
ister Extreme  Unction,  and  in  case  of  necessity  any  priest  is 
bound  to  do  so  by  the  virtue  of  charity.     (Canon  939.) 

CHAPTER  II. 
The  Recipient  of  Extreme  Unction. 

783.  Extreme  Unction  can  be  given  only  to  the  faithful 
who  after  having  come  to  the  use  of  reason  fall  into  danger  of 
death,  either  through  illness  or  old  age. 

In  the  same  illness  this  Sacrament  cannot  be  repeated,  un- 
less the  sick  person  recovered  from  the  illness  after  receiving  the 
sacred  anointing  and  again  relapsed  into  danger  of  death. 
(Canon  940.) 

784.  When  there  is  doubt  whether  the  sick  person  has  at- 
tained the  use  of  reason,  or  whether  he  is  really  in  danger  of 
death,  or  whether  he  is  still  alive,  this  Sacrament  is  to  be  given 
conditionally.     (Canon  941.) 

785.  This  Sacrament  must  not  be  given  to  those  who  are 
known  to  have  stubbornly  persevered  in  mortal  sin  without  re- 
pentance; if  there  is  doubt   about   their    disposition,    Extreme 
Unction  may  be  given  them  conditionally.     (Canon  942.) 

786.  Those  sick  persons  who,  while  they  were  conscious, 
did  implicitly  ask  for  Extreme  Unction,  or  would  very  prob- 
ably have  asked  for  it,  may  be  given  this  Sacrament  absolutely, 
even  though  they  are  at  the  time  deprived  of  the  use  of  their 
senses.     (Canon  943.) 

787.  Although  Extreme  Unction  is  not  a  Sacrament  abso- 
lutely necessary  for  salvation,  no  one  is  allowed  to  neglect  it,  and 
care  should  be  taken  that  the  sick  receive  it  while  they  are  yet 
fully  conscious.     (Canon  944.) 

CHAPTER  III. 
The  Rites  and  Ceremonies  of  Extreme  Unction. 

788.  The  olive  oil  to  be  used  in  Extreme  Unction  must  be 


190  THE  NEW  CANON  LAW 

blessed  for  that  purpose  by  a  bishop,  or  by  a  priest  who  has  the 
faculty  for  this  blessing  from  the  Holy  See.     (Canon  945.) 

789.  The  Oleum  infirmorum  is  to  be  kept  by  the  pastor  in 
a  neat  and  properly  ornamented  place  in  a  receptacle  of  silver  or 
white  metal ;  he  shall  not  keep  it  in  his  house  except  in  the  case 
provided  for  in  Canon  735.     (Canon  946.) 

790.  The  anointings  are  to  be  performed  with  the  words, 
and  in  the  order  and  manner  prescribed  in  the  rituals ;  in  case  of 
necessity,  however,  one  anointing  of  one  of  the  senses,  or  rather 
on  the  forehead,  with  the  prescribed  shorter  form,  suffices,  but 
the  obligation  remains  to  supply  the  other  anointings  when  the 
danger  ceases. 

The  anointing  of  the  loins  is  always  to  be  omitted. 

The  anointing  of  the  feet  may  be  omitted  for  any  good 
reason. 

With  the  exception  of  a  case  of  grave  necessity,  the  anoint- 
ings are  to  be  made  by  the  hand  of  the  priest  without  the  use 
of  any  instrument.  (Canon  947.) 

TITLE  VI. 
The  Sacrament  of  Orders. 

791.  The   Sacrament   of   Orders,   by  the   institution   of 
Christ,  distinguishes  in  the  Church  the  clergy  from  the  laity, 
for  the  government  of  the  faithful  and  the  ministry  of  Divine 
worship.     (Canon  948.) 

792.  In  the  Canons  which  follow  the  term  of  major  or 
sacred  Orders  signifies  the  priesthood,  deaconship  and  subdea- 
conship;  the  term  minor  Orders  refers  to  acolites,  exorcists,  lec- 
tors and  ostiarins.     (Canon  949.) 

793.  In  law  the  terms :  ordain,  order,  ordination,  sacred 
ordination,  comprehend,  besides  the  episcopal  consecration,  the 
orders  enumerated  in  Canon  949,  and  also  the  first  tonsure,  unless 
the  contrary  is  plain  from  the  nature  of  the  case,  or  the  context 
of  the  Canons,    (Canon  950.) 

CHAPTER  I. 
The  Minister  of  Sacred  Ordination. 

794.  The  ordinary  minister  of  sacred  ordination  is  the 
bishop ;  the  extraordinary  minister  is  a  person  who,  although  not 


THE  SACRAMENT  OF  ORDERS        191 

possessing  episcopal  consecration,  has  received  either  by  law  or 
by  a  special  indult  of  the  Holy  See  the  power  to  confer  some  or- 
ders. (Canon  951.) 

795.  No  one  is  allowed  without  permission  of  the  Holy 
See  to  promote  to  higher  orders  a  cleric  who  has  received  some 
orders  from  the  Roman  Pontiff.     (Canon  952.) 

796.  The  episcopal  consecration  is  reserved  to  the  Roman 
Pontiff  so  that  no  bishop  is  allowed  to  consecrate  another  bishop, 
unless  he  has  first  received  the  papal  mandate.     (Canon  953. ) 

797.  The   consecrating   bishop    must   employ   two    other 
bishops  to  assist  him  in  the  consecration,  unless  the  Holy  See 
has  dispensed  from  this  rule.     (Canon  954.) 

798.  Every  cleric  shall  be  ordained  by  his  own  bishop,  or 
with  his  legitimate  dimissorial  letters. 

The  proper  bishop  shall  ordain  in  person  his  own  subject, 
unless  he  is  impeded  by  some  just  cause;  he  cannot,  however, 
licitly  ordain  a  subject  belonging  to  an  Oriental  Rite  without  an 
apostolic  indult.  (Canon  955.) 

799.  The  proper  bishop  in  reference  to  the  ordination  of 
seculars  is  only  that  bishop  in  whose  diocese  the  candidate  has 
a  domicile,  together  with  the  birth  place,  or  only  a  domicile  with- 
out having  been  born  in  the  diocese.    In  the  latter  case  the  can- 
didate must  take  the  oath  that  he  has  the  intention  to  perpetually 
stay  in  the  diocese,  unless  there  is  question  of  a  cleric  who  has 
already  been  incardinated  into  the  diocese  by  the  first  tonsure, 
or  of  ordaining  an  alumnus  who  is  destined  for  another  diocese, 
according  to  Canon  969,  §  2,  or,  finally,  of  ordaining  a  professed 
religious,  according  to  Canon  964,  n.  5.     (Canon  956.) 

800.  The  vicar  and  prefect  apostolic,  the  abbot  and  the 
prelate  nullius,  if  they  have  episcopal  consecration,  are  held  equal 
to  the  bishop  in  the  matter  of  ordination. 

If  they  do  not  have  episcopal  consecration  they  can  never- 
theless confer  in  their  own  territory  during  the  time  of  their 
office  the  first  tonsure  and  minor  orders  on  their  own  subjects,  as 
well  as  on  others  who  have  the  dismissorial  letters  required  by 
law;  ordination  which  was  conferred  beyond  these  limitations 
is  null  and  void.  (Canon  957.) 

801.  Dimissorial  letters  for  the  seculars  can  be  given,  as 
long  as  they  retain  jurisdiction  over  their  territory : 

1.     by  the  proper  bishop  after  he  has  legitimately  taken  pos- 


192  THE  NEW  CANON  LAW 

session  of  his  diocese,  according  to  Canon  334,  §  3,  even  though 
he  is  not  yet  consecrated ; 

2.  by  the  vicar  general,  by  special  mandate  of  the  bishop ; 

3.  by  the  vicar  capitular  with  the  consent  of  the  Chapter 
after  one  year  of  vacancy  of  the  bishopric;  before  the  end  of 
the  year  he  can  give  dimissorials  only  to  those  who  must  be 
ordained  on  account  of  a  benefice  they  have  received  or  are  to 
receive,  or  on  account  of  some  certain  office  which  must  be  filled 
on  account  of  the  needs  of  the  diocese; 

4.  by  the  vicar  or  prefect  apostolic,  the  abbot  or  prelate 
nullius,  though  they  do  not  have  episcopal  consecration,  and 
they  can  give  dimissorials  also  for  major  orders. 

The  vicar  capitular  should  not  give  dimissorials  to  those 
who  were  rejected  by  the  former  bishop.  (Canon  958.) 

802.  He  who  can  give  dimissorial  letters  for  the  recep- 
tion of  orders  can  also  confer  the  orders  himself,  if  he  has  the 
necessary  power  to  confer  orders.     (Canon  959.) 

803.  Dimissorial  letters  should  not  be  granted  until  after 
all  the  prescribed  testimonial  letters  have  been  received  in  accor- 
dance with  Canons  993-1000. 

If  after  the  Ordinary  has  given  the  dimissorial  letters  new 
testimonial  letters  are  necessary  according  to  Canon  994,  §  3, 
the  other  bishop  should  not  proceed  with  the  ordination  until  he 
has  received  the  testimonials. 

If  the  candidate  has  lived  in  the  diocese  of  the  ordaining 
bishop  for  the  length  of  time  sufficient  to  contract  an  impediment, 
according  to  Canon  994,  the  ordaining  bishop  himself  should 
directly  collect  the  testimonials.  (Canon  960.) 

804.  The  dimissorial  letters  can  be  sent  by  the  proper 
bishop,  also  by  a  suburban  Cardinal-bishop,  to  any  bishop  in 
communion  with  the  Holy  See,  with  the  exception  of  a  bishop 
of  a  different  Rite  from  that  of  the  candidate  for  orders,  unless 
an  Apostolic  indult  has  been  obtained  to  send  the  candidates  also 
to  a  bishop  of  a  different  Rite.     (Canon  961.) 

805.  Any  bishop  lawfully  ordains  a  non-subject  after  hav- 
ing received  the  dimissorial  letters,  provided  he  has  no  reason 
to  doubt  the  genuineness  of  the  letters.     Canon  994,  §  3,  must 
also  be  observed  in  the  case  mentioned  there.     (Canon  962.) 

806.  The  dimissorial  letters  may  be  limited  or  revoked 
by  the  person  who  issued  them,  as  well  as  by  his  successor  in 


THE  MINISTER  OF  SACRED  ORDINATION        193 

office,  but  once  they  have  been  granted  they  do  not  expire  with 
the  loss  of  office  by  the  grantor.     (Canon  963.) 

807.  In  reference  to  the  ordination  of  religious  the  fol- 
lowing rules  are  to  be  observed : 

1.  the  regular  abbot  in  charge  of  a  monastery,  even  with- 
out a  territory  nullius,  can  confer  first  tonsure  and  minor  or- 
ders, provided  the  candidate  is  his  subject  by  virtue  of  at  least 
simple  profession,  and  that  the  abbot  is  a  priest,  and  has  legiti- 
mately received  the  abbatial  blessing.    Otherwise  the  ordination 
given  by  the  abbot  is  null  and  void,  unless  he  is  a  consecrated 
bishop.    All  privileges  to  the  contrary  are  revoked  by  the  Code ; 

2.  the  exempt  religious  cannot  be  lawfully  ordained  by  any 
bishop  without  the  dimissorials  of  their  proper  major  superior; 

3.  the  superiors  can  give  simple  professed  religious,   to 
whom  Canon  574  refers,  dimissorial  letters  for  first  tonsure  and 
minor  orders  only; 

4.  the  ordination  of  members  of  any  other  religious  or- 
ganizations is  regulated  by  the  law  for  seculars,  and  every  priv- 
ilege is  revoked  by  which  the  superiors  could  give  to  the  tem- 
porary professed  religious  dimissorials  for  major  orders.  (Canon 
964.) 

808.  The  bishop  to  whom  the  religious  superior  must  send 
the  dimissorial  letters  is  the  bishop  of  the  diocese  in  which  is 
situated  the  house  where  the  candidate  for  ordination  lives  as  a 
member  of  that  community.     (Canon  965.) 

809.  The  religious  superior  can  send  dimissorial  letters 
to  another  bishop  in  the  following  cases;  if  the  bishop  of  the 
diocese  gives  permission,   if   the  bishop   should  be   of   a   dif- 
ferent Rite  from  that  of  the  religious,  if  he  is  absent,  if  he  will 
not  have  ordinations  on  the  next  ordination  days   (cf.  Canon 
1006,  §  2),  or,  finally,  if  the  diocese  is  vacant  and  the  person 
in  charge  has  no  episcopal  consecration. 

In  each  of  these  cases,  however,  the  ordaining  bishop  must 
have  an  authentic  statement  from  the  episcopal  Curia  concern- 
ing the  reason  why  the  religious  may  be  sent  outside  the  diocese 
for  ordination.  (Canon  966.) 

810.  Religious  superiors  are  forbidden  to  send  their  can- 
didates for  ordination  to  another  house  of  the  Order,  thus  de- 
frauding the  bishop  of  the  diocese  of  his  right,  or  to  delay  the 


194  THE  NEW  CANON  LAW 

ordination  intentionally  to  such  a  time  when  the  bishop  will  be 
absent  or  have  no  ordinations.     (Canon  967.) 

CHAPTER  II. 
The  Subject  of  Sacred  Ordination. 

811.  A  baptized  man  only  can  validly  receive  orders.   For 
the  licit  reception  the  candidate  must  by  the  judgment  of  his  own 
Ordinary  have  the  qualifications  required  by  the  sacred  Canons, 
and  must  not  be  under  irregularity  or  any  other  impediment. 

Those  who  suffer  from  irregularity  or  any  other  impedi- 
ment, although  it  arose  after  the  ordination  and  without  their 
fault,  are  forbidden  to  exercise  the  orders  they  have  received. 
(Canon  968.) 

812.  No  secular  shall  be  ordained,  unless  his  own  bishop 
judges  him  necessary  or  useful  for  the  churches  of  the  diocese. 

The  bishop,  however,  is  not  forbidden  to  ordain  his  sub- 
jects for  the  future  service  in  another  diocese,  excardination  and 
incardination  having  been  legitimately  made.  (Canon  969.) 

813.  The  proper  bishop  and  the  major  religious  superior 
can  forbid  his  clerics  for  any  canonical  reason,  even  occult  ones, 
and  without  canonical  trial,  to  receive  higher  orders.    The  cleric 
may  have  recourse  to  the  Holy  See,  or  also,  in  the  case  of  a 
religious,  to  the  Superior  General.    (Canon  970.) 

814.  It  is  unlawful  to  force  any  one  in  any  way,  or  for 
any  reason,  to  embrace  the  clerical  state,  or  to  keep  a  properly 
qualified  person  from  that  state.     (Canon  971.) 

815.  Care  should  be  taken  to  receive  the  aspirants  to  sacred 
orders  into  the  seminary  from  tender  age.    All  candidates  must 
stay  in  the  seminary  at  least  for  the  entire  course  of  theology, 
unless  the  Ordinary  in  particular  cases  dispenses  from  this  rule 
for  serious  reasons. 

Those  candidates  for  orders  who,  with  the  permission  of 
the  bishop  live  outside  the  seminary,  are  to  be  given  into  the  care 
of  a  responsible  priest  who  shall  watch  over  them  and  instruct 
them  in  the  virtues.  (Canon  972.) 

Article  I.     Requisites  for  Candidates  of  Ordination. 

816.  First  tonsure  and  minor  orders  are  to  be  given  to 
those  only  who  intend  to  ascend  to  the  priesthood,  and  of  whom 
one  can  reasonably  expect  that  they  will  be  worthy  priests. 


THE  SUBJECT  OF  SACRED  ORDINATION        195 

The  cleric  who  has  received  some  of  the  orders,  and  re- 
fuses to  receive  higher  ones  cannot  be  forced  to  it  by  the  bishop, 
who  neither  can  forbid  him  the  exercise  of  the  orders  he  has  re- 
ceived, unless  he  is  under  a  canonical  impediment,  or  there  is, 
according  to  the  bishop's  judgment,  another  serious  reason. 

The  bishop  should  not  confer  major  orders  on  any  candi- 
date unless  he  is  certain  from  positive  reasons  that  the  candi- 
date is  canonically  fit;  otherwise  the  bishop  does  not  only  sin 
gravely,  but  also  exposes  himself  to  the  danger  of  cooperating 
in  the  sins  of  another.  (Canon  973.) 

817.  In  order  that  a  candidate  may  be  licitly  ordained,  the 
following  is  required : 

1.  previous  reception  of  Confirmation; 

2.  good  moral  character  concordant  with  the  order  to  be 
received ; 

3.  the  canonical  age; 

4.  requisite  knowledge; 

5.  reception  of  inferior  orders; 

6.  observance  of  the  intervals  between  orders; 

7.  canonical  title,  if  there  is  question  of  major  orders. 

In  the  consecration  of  a  bishop  Canon  331  is  to  be  observed. 
(Canon  974.) 

818.  Subdeaconship  is  not  to  be  given  before  the  com- 
pleted twenty-first  year  of  age;  deaconship  not  before  the  com- 
pleted   twenty-second;    priesthood    not    before    the    completed 
twenty- fourth  year  of  age.     (Canon  975.) 

819.  Neither  seculars  nor  religious  are  to  receive  first  ton- 
sure before  they  commence  the  theological  course. 

Provided  the  candidate  has  the  required  age,  subdeaconship 
is  not  to  be  given  until  the  end  of  the  third  year  of  the  theological 
course;  deaconship  after  the  commencement  of  the  fourth  year; 
priesthood  not  until  the  beginning  of  the  second  semester  of  the 
fourth  year. 

By  special  concession  of  the  Holy  See  to  the  Church  in  the 
United  States  the  course  of  theology  has  for  the  time  of  the  war 
been  shortened  to  three  years.  The  raising  of  immense  armies 
in  which  there  is  a  great  percentage  of  Catholic  men,  has  necessi- 
tated the  appointment  of  hundreds  of  chaplains  to  attend  to  the 
spiritual  needs  of  the  men.  The  time  for  the  major  orders  will 
have  to  be  arranged  accordingly. 

The  theological  course  must  not  have  been  made  privately, 


196  THE  NEW  CANON  LAW 

but  in  proper  theological  schools,  according  to  the  plan  of  studies 
prescribed  by  Canon  1365.     (Canon  976.) 

820.  The  orders  must  be  given  in  proper  succession,  so  that 
the  skipping  of  any  is  absolutely  forbidden.     (Canon  977.) 

821.  In  the  ordinations  the  intervals  of  time  between  or- 
ders is  to  be  observed,  during  which  the  clerics  shall,  according 
to  the  bishop's  regulations,  exercise  the  orders  received. 

The  interval  between  the  first  tonsure  and  the  first  minor 
order,  as  well  as  the  intervals  between  the  individual  minor  or- 
ders are  left  to  the  judgment  of  the  bishop.  Between  the  last 
minor  order  and  subdeaconship  there  must  be  one  year's  interval, 
between  subdeaconship  and  deaconship  at  least  three  months, 
unless  the  necessity  or  utility  of  the  diocese,  according  to  the 
bishop's  judgment,  demand  otherwise. 

Without  special  permission  of  the  Roman  Pontiff,  minor 
orders  and  subdeaconship,  or  two  major  orders,  cannot  be  given 
on  one  and  the  same  day ;  all  contrary  custom  is  condemned.  It 
is  not  even  permitted  to  confer  the  tonsure  and  a  minor  order, 
or  ail  minor  orders  on  the  same  day.  (Canon  978.) 

822.  For  the  secular  clergy  the  canonical  title  is  the  title 
of  benefice,  or  in  default  of  a  benefice,  the  patrimony  or  pension. 

The  title  by  which  one  is  ordained  must  be  really  certain 
for  the  whole  life  of  the  cleric,  and  truly  sufficient  for  his 
proper  maintenance,  according  to  the  rules  to  be  laid  down  by 
the  Ordinaries  for  the  various  dioceses,  and  the  conditions  of 
time  and  circumstances.  (Canon  979.) 

823.  If  the  cleric  in  major  orders  should  happen  to  lose 
his  title,  he  must  provide  for  himself  another,  unless  his  bishop 
judges  that  his  proper  maintenance  is  provided  for  in  another 
way. 

The  persons,  who,  without  an  Apostolic  indult  have  know- 
ingly ordained,  or  allowed  to  be  ordained  to  major  orders  a  sub- 
ject without  a  canonical  title,  must  assume  obligation  for  them- 
selves and  for  their  successors,  to  furnish  the  needy  cleric  with 
proper  sustenance,  until  other  provision  is  made  for  his  suitable 
maintenance. 

If  the  bishop  ordained  a  candidate  without  a  canonical  title 
under  an  agreement  that  the  one  ordained  shall  not  ask  him  for 
maintenance,  such  agreement  is  null  and  void.  (Canon  980.) 

824.  If  there  is  none  of  the  titles  of  ordination,  spoken  of 


IRREGULARITIES   AND    IMPEDI1.1EXTS  197 

in  Canon  979,  §  1,  it  may  be  supplied  by  the  title  of  "service  of 
the  diocese,"  and  in  places  subject  to  the  Propaganda  the 
candidates  may  be  ordained  by  the  title  of  the  mission,  in 
which  case,  however,  the  candidate  must  promise  under  oath 
to  serve  the  diocese  or  the  mission  forever,  under  the  author- 
ity of  the  local  Ordinary. 

The  Ordinary  must  give  to  the  priest,  who  was  promoted  to 
major  orders  under  the  title  of  the  service  of  the  diocese  or  the 
mission,  a  benefice  or  office  or  support  sufficient  for  his  suitable 
maintenance.  (Canon  981.) 

825.  For  regulars  the  canonical  title  is  the  solemn  religious 
profession,  which  is  called  the  title  of  poverty. 

For  religious  with  perpetual  simple  vows,  the  title  of  mcnsa 
communis,  or  congrcgationis,  or  a  similar  one,  according  to  their 
constitutions. 

All  other  religious  are,  also  in  reference  to  the  title,  gov- 
erned by  the  law  for  seculars.  (Canon  982.) 

Article  II.    Irregularities  and  Other  Impediments. 

826.  No  perpetual  impediment,  called  in  law  irregularity, 
whether  ex  defectu  or  ex  delicto,  is  contracted  unless  it  is  ex- 
pressly contained  in  the  following  Canons.     (Canon  983.) 

827.  The  following  persons  are  irregular  ex  dcfcctu: 

1.  illegitimates,  both  of  public  and  occult  illegitimacy,  un- 
less they  have  been  legitimized  or  have  made  solemn  profession. 
Canon   1116  explains  in  which  cases  illegitimate  children  are 
legitimized  by  subsequent  marriage; 

2.  bodily  defective  men  who,  on  account  of  debility  can- 
not safely,  or  for  reason  of  deformity  with  due  dignity,  engage 
in  the  sacred  ministry  of  the  altar.     To  impede  the  exercise  of 
lawfully  received  orders,  a  greater  defect  is  required,  and  actions 
that  can  be  properly  performed  are  not  forbidden  by  a  superven- 
ing defect; 

3.  epileptics,  insane,  possessed  by  the  devil,  who  are  or 
have  been  thus  afflicted.     If  after  reception  of  orders  they  be- 
came thus  afflicted,  but  later  on  the  malady  beyond  doubt  dis- 
appeared, the  Ordinary  may  again  allow  his  subjects  the  exer- 
cise of  the  orders  they  received ; 

4.  bigamists,  by  which  the  law  understands  men  who  con- 
tracted successively  two  or  more  valid  marriages.    This  explana- 


198  THE  NEW  CANON  LAW 

tion  the  Code  gives  of  bigamy  settles  questions  of  irregularity 
arising  from  the  bigamia  inter prctativa,  or  any  other ; 

5.  persons  who  have  incurred  by' law  the  loss  of  good  repu- 
tation ; 

6.  a  judge  who  has  pronounced  the  sentence  of  death 
against  some  individual  brought  to  trial.     This  irregularity  is 
known  under  the  name  of  defectus  lenitatis  in  former  commen- 
taries of  law; 

7.  persons  who  held  the  office  of  executioner,  and  those 
who,  of  their  own  accord,  undertook  the  office  of  immediate  as- 
sistants in  the  execution  of  a  death  sentence.     Policemen  and 
others,  that  might  be  ordered  to  assist  at  and  help  in  the  execu- 
tion of  a  criminal,  are  not  voluntary  assistants.     (Canon  984.) 
It  may  be  noted  that  the  Code  makes  no  mention  of  the  former 
irregularity  or  defect  arising  from  voluntary  service  in  a  just 
offensive  war  for  all  who  killed  or  mutilated  another  in  that 
war. 

828.     The  following  persons  are  irregular  by  crime   {ex 
delicto)  : 

1.  apostates  from  the  faith,  heretics,  schismatics; 

2.  men,  who,  outside  the  case  of  extreme  necessity,  al- 
lowed themselves  in  any  way  to  be  baptized  by  non-Catholics; 

3.  married  men,  clerics  in  major  orders,  religious  with 
solemn  or  simple  perpetual  or  temporary  vows,  who  attempt  mar- 
riage or  go  through  the  civil  formalities  of  marriage,  and  men 
who  attempt  marriage  with  a  validly  married  woman,  or  with 
a  sister  bound  by  either  perpetual  or  temporary  vows ; 

4.  voluntary  murderers,  and  those  who  procure  abortion, 
if  effective,  and  all  cooperators.      (The  common  teaching  of 
canonists  held  that  all  soldiers  who  took  part  in  an  unjust  war 
and  either  killed   or  personally   cooperated   in  the   killing  of 
others  were  irregular.    The  Code  speaks  only  of  voluntary  mur- 
derers.   In  a  war  which  is  known  to  be  unjust  those  who  volun- 
teer for  service  and  are  instrumental  in  killing  others  are  fall- 
ing under  the  term  of  "voluntary  murderers,"  while  those  who 
are  forced  to  take  part  in  such  a  war  could  not  be  called  volun- 
tary participants) ; 

5.  men  who  mutilated  themselves  or  others,  and  those  who 
attempted  suicide; 

6.  clerics   practicing   medicine   or    surgery    forbidden   to 
them,  if  thereby  the  death  of  a  person  is  caused; 


IRREGULARITIES  AND  IMPEDIMENTS  199 

7.  men  who  usurp  the  exercise  of  an  act  of  orders  re- 
served to  clerics  in  sacred  orders,  and  also  clerics  in  sacred  or- 
ders who  exercise  such  an  act  of  major  orders  after  they  have 
been  forbidden  to  do  so  by  canonical  penalty,  either  personal  or 
local,  corrective  or  punitive.  (Canon  985.) 

829.  These  crimes  do  not  bring  on  irregularity  unless  they 
are  mortal  sins,  committed  after  Baptism,  or  in  Baptism  as  men- 
tioned in  Canon  985,  §  1,  and  external  acts,  either  public  or 
occult.     (Canon  986.) 

830.  Simply  forbidden  to  be  ordained  are  the  following: 

1.  the  sons  of  non-Catholics,  as  long  as  their  parents  per- 
severe in  their  error; 

2.  married  men  for  the  time  of  their  marriage; 

3.  officials  and  administrators  having  an  office  forbidden 
to  clerics,  until  they  have  resigned  their  office  and  settled  all  re- 
sponsibility arising  from  such  office  or  employment; 

4.  slaves,  properly  so  called,  before  they  have  obtained 
their  liberty; 

5.  men  bound  to  the  ordinary  military  service  by  the  civil 
law  may  not  be  ordained  until  they  have  served  their  term ; 

6.  neophytes,  until  they  are  according  to  the  judgment  of 
the  bishop  sufficiently  tried  in  their  faith; 

7.  those  who  are  in  ill  repute  on  account  of  some  public 
crime,  until  they  have  according  to  the  bishop's  judgment  re- 
gained their  good  reputation.     (Canon  987.) 

831.  Ignorance  of  the  irregularities  both  ex  delict o  and 
ex  defectu  and  of  the  impediments  is  not  admitted  as  an  excuse. 
(Canon  988.) 

832.  The  irregularities  and  impediments  are  multiplied  by 
the  multiplication  of  the  causes  of  irregularities  or  impediments, 
but  the  repetition  of  the  same  cause  does  not  multiply  the  irregu- 
larity except  in  the  case  of  deliberate  homicide.     (Canon  989.) 

833.  The  Ordinaries  are  allowed  to  dispense  their  subjects, 
or  delegate  others  to  dispense,  from  all  irregularities  incurred  by 
secret  crime  except  deliberate  homicide  and  effective  procuration 
of  abortion,  and  other  crimes  brought  before  court. 

The  confessor  also  has  this  faculty  in  more  urgent  occult 
cases,  in  which  the  Ordinary  cannot  be  asked,  and  there  is  im- 
minent danger  of  great  harm  or  of  infamy,  which  faculty  can 


200  THE  NEW  CANON  LAW 

be  made  use  of  only  for  the  purpose  that  the  penitent  may  licitly 
exercise  the  orders  he  has  already  received.     (Canon  990.) 

834.  In  the  petition  for  dispensation  from  irregularities 
and  impediments,  all  irregularities  and  impediments  must  be  spe- 
cified, otherwise  a  general  dispensation  will  be  valid  for  irregu- 
larities concealed  in  good  faith,  except  voluntary  homicide  and 
effective  abortion,  but  it  will  not  be  valid  for  those  concealed 
in  bad  faith. 

If  there  is  question  of  voluntary  homicide,  the  number  of 
crimes  must  be  mentioned  under  pain  of  invalidity  of  the  dis- 
pensation. 

A  dispensation  from  irregularities  to  receive  orders  is  gen- 
erally valid  also  for  major  orders,  and  the  one  dispensed  can 
obtain  non-consistorial  benefices,  even  those  to  which  the  care 
of  souls  is  attached,  but  he  cannot  be  made  a  Cardinal,  bishop, 
abbot  or  prelate  nullius,  nor  major  superior  in  clerical  exempt 
Orders. 

A  dispensation  from  irregularities  given  in  the  internal, 
extra-sacramental  forum  must  be  given  in  writing,  and  note 
must  be  made  of  it  in  the  secret  records  of  the  Curia  of  the  re- 
spective Ordinary.  (Canon  991.) 

CHAPTER  III. 
Requisites  Prior  to  the  Ordination. 

835.  All  candidates,  both  secular  and  regular,  must  in  due 
time  manifest  their  intention  to  receive  orders  to  the  bishop, 
or  to  others,  who,  in  this  matter  take  the  place  of  the  bishop. 
(Canon  992.) 

836.  The  seculars,  and  those  religious  who,  in  the  matter 
of  ordination  are  held  to  the  laws  for  seculars  (cf.  Canon  964), 
must: 

1.  have  the  certificate  of  their  last  ordination,  or  if  they 
are  to  receive  first  tonsure,  the  baptismal  and  Confirmation  cer- 
tificates ; 

2.  the  certificate  of  studies  required  for  the  various  orders, 
according  to  Canon  976 ; 

3.  the  testimonials  of  the  rector  of  the  seminary,  or  of  the 
priest  in  charge  of  those  who  do  not  board  in  the  seminary,  to 
testify  to  their  good  moral  standing; 

4.  the  testimonials  of  every  Ordinary  in  whose  diocese  the 


REQUISITES  PRIOR  TO  THE  ORDINATION        201 

candidate  has  stayed  for  such  a  length  of  time  that  he  could 
contract  a  canonical  impediment  (cf.  Canon  994)  ; 

5.  the  testimonials  of  the  major  superior,  if  the  candidate 
is  a  religious.  (Canon  993.) 

837.  The  time  in  which  a  candidate  may  have  contracted 
a  canonical  impediment,  means  a  period  of  three  months  for 
soldiers,  six  months  for  others  after  their  fourteenth  year  of 
age.     The  bishop  can,  however,  demand  testimonials  also  for  a 
shorter  period  and  for  the  time  prior  to  the  age  of  puberty. 

If  the  bishop  in  whose  diocese  a  candidate  has  lived  for  a 
while,  cannot  ascertain  anything  definite  about  the  behavior  of 
the  young  man  in  question,  so  that  he  cannot  testify  that  he  did 
not  incur  a  canonical  impediment,  or  if  the  candidate  has  been 
living  for  a  short  time  in  so  many  dioceses  that  it  would  be  either 
impossible  or  at  least  very  difficult  to  obtain  all  the  testimonials, 
the  ordaining  bishop  shall  demand  of  the  candidate  a  so-called 
supplementary  oath  to  prove  that  he  is  free  from  irregularity. 

If,  after  the  testimonials  were  obtained  and  before  ordina- 
tion took  place,  the  candidate  did  again  live  in  the  territory  of 
the  bishop  who  issued  the  testimonials,  new  testimonials  are  nec- 
essary if  the  stay  extended  for  three  or  six  months,  as  the  case 
may  be.  (Canon  994.) 

838.  The  religious  superior  must  attest  in  his  dimissorial 
letters  not  only  that  the  candidate  for  orders  has  made  profes- 
sion and  is  a  member  of  the  community  in  the  diocese,  but  also 
concerning  the  requisite  studies  and  other  requirements  of  law. 

The  bishop  who  has  received  these  dimissorial  letters  does 
not  need  any  other  testimonial  letters.  (Canon  995.) 

839.  Every  candidate,  whether  secular  or  religious,  must 
before  ordination  undergo  an  examination  concerning  the  order 
which  he  is  to  receive. 

Those  to  be  promoted  to  major  orders  shall  have  to  take  an 
examination  also  in  other  tracts  of  sacred  theology. 

The  bishop  has  the  right  to  determine  the  method  of  exam- 
ination and  the  subject-matter  in  which  candidates  are  to  be  ex- 
amined. (Canon  996.) 

840.  This  examination  of  both,  secular  and  religious  can- 
didates, is  to  be  made  before  the  bishop  of  the  diocese  who  has 
by  law  the  right  to  ordain,  or  who  gives  dimissorials  to  his  sub- 
jects; he  may  also  for  a  good  reason  leave  it  to  the  ordaining 
bishop,  if  the  latter  is  willing  to  attend  to  this  matter. 


202  THE  NEW  CANON  LAW 

The  bishop  who  ordains  the  subjects  of  another,  whether 
secular  or  religious,  with  the  dimissorial  letters  of  their  superiors 
in  which  they  testify  that  the  candidates  have  successfully  passed 
the  examination  demanded  by  the  first  paragraph  of  this  Canon, 
may  accept  this  statement,  but  he  is  not  obliged  to  do  so;  if  he 
conscientiously  believes  that  a  certain  candidate  is  not  qualified 
he  should  not  promote  him.  (Canon  997.) 

841.  The  names  of  the  candidates  for  major  orders,  with 
the  exception  of  religious  in  solemn  or  perpetual  simple  vows, 
should  be  announced  in  the  parishes  to  which  the  candidates  be- 
long.   The  bishop  may  for  good  reasons  dispense  with  the  pub- 
lication, or  may  demand  that    it   be   published    also    in    other 
churches,  or  that  in  place  of  an  announcement  the  names  be 
posted  at  the  door  of  the  church  and  left  there  for  several  days, 
including  at  least  one  Sunday  or  holiday  of  obligation. 

The  publication  is  to  be  made  on  a  Sunday  or  holiday  of 
obligation  in  the  parochial  Mass,  or  on  another  occasion  when 
there  is  a  large  gathering  of  people  in  church. 

If  the  ordination  has  not  taken  place  within  six  months 
after  the  publication,  it  must  be  repeated  unless  the  Ordinary 
dispenses.  (Canon  998.) 

842.  All  the  faithful  are  obliged  in  conscience  to  make 
known  to  the  bishop  or  the  pastor  any  impediment  they  may 
know  of  concerning  the  candidates.     (Canon  999.) 

843.  The  Ordinary  may  demand  of  the  pastor  who  has  to 
make  the  publication,  or  of  any  other  priest,  to  make  a  careful 
investigation  concerning  the  character  of  the  candidate,  and  to 
send  the  statement  to  the  episcopal  Curia. 

The  Ordinary  should  not  fail  to  make  private  investiga- 
tion, if  he  judge  this  necessary  or  advisable.  (Canon  1000.) 

844.  The  candidates  for  first  tonsure  and  for  minor  orders 
shall  make  at  least  three  full  days  of    retreat,    candidates    for 
major  orders  at  least  six  days.     If  within  six  months  a  candi- 
date receives  several  major  orders,  the  bishop  can  reduce  the 
days  of  retreat  for  deaconship  to  not  less  than  three  full  days. 

If  after  the  end  of  the  retreat  ordination  is  delayed  for  any 
reason  for  more  than  six  months,  the  retreat  must  be  made  over 
again;  in  shorter  delays  the  Ordinary  shall  decide  whether  it 
should  be  repeated. 

This  retreat  is  to  be  made  by  the  religious  in  their  own  house 


TIME  AND  PLACE  OF  ORDINATION  203 

or  in  another,  according  to  the  superior's  judgment ;  the  seculars 
shall  make  it  in  the  seminary,  or  another  place  appointed  by  the 
bishop. 

The  bishop  is  to  receive  a  statement  from  the  superior  of 
the  house  of  retreat  that  the  candidates  have  duly  made  the  exer- 
cises, and  in  the  case  of  religious  their  own  major  superior  shall 
make  the  statement.  (  Canon  1 00 1 . ) 

CHAPTER  IV. 
The  Rites  and  Ceremonies  of  Ordination. 

845.  In  conferring  any  of  the  orders  the  bishop  must  faith- 
fully follow  the  order  of  ceremonies  laid  down  in  the  Roman 
Pontifical  and  other  approved  liturgical  books.     (Canon  1002.) 

846.  The  Mass  of  ordination  and  of  consecration  of  a 
bishop  must  always  be  said  by  the  ordaining  or  consecrating 
bishop.     (Canon  1003.) 

847.  If  a  cleric  has  received  some  orders  in  an  Oriental 
Rite,  and  afterwards  obtains  an  indult  of  the  Holy  See  to  re- 
ceive further  orders  in  the  Latin  Rite,  he  must  first  receive  those 
orders  of  the  Latin  Rite  which  are  not  given  in  the  Oriental 
Rite.     (Canon  1004.) 

848.  All  those  who  are  promoted  to    major    orders    are 
obliged  to  receive  holy  Communion  in  the  Mass  of  ordination. 
(Canon  1005.) 

CHAPTER  V. 

Time  and  Place  of  Ordination. 

849.  Episcopal  consecration  must  be  given  in  Holy  Mass 
on  a  Sunday  or  a  feast  of  the  Apostles. 

Major  orders  must  be  given  in  Holy  Mass  on  the  Ember 
Saturdays,  Saturday  before  Passion  Sunday,  or  Holy  Saturday. 

For  grave  reasons  the  bishop  may  give  major  orders  on  any 
Sunday  or  holiday  of  obligation. 

First  Tonsure  can  be  given  any  day  and  hour;  minor  orders 
on  all  Sundays  and  feasts  of  the  rank  of  doubles,  but  only  in 
the  forenoon. 

Customs  to  ordain  at  other  times  than  specified  in  this  Canon 
are  disapproved  and  abolished.  These  times  must  be  observed 
also  by  a  bishop  of  the  Latin  Rite  who,  by  Apostolic  indult,  or- 
dains a  cleric  of  an  Oriental  Rite,  and  vice  versa.  (Canon  1006.) 


204  THE  NEW  CANON  LAW. 

850.  Whenever  an  ordination  has  to  be  repeated,  or  some 
ceremonies  are  to  be  supplied,  whether    absolutely    or    condi- 
tionally, it  can  be  done  also  outside  the  prescribed  ordination 
days  and  in  secret.     (Canon  1007.) 

851.  A  bishop  cannot,  outside  his  own  diocese,  without 
permission  of  the  local  Ordinary,  give  those  orders  which  require 
the  use  of  the  mitre  and  crozier.    The  Cardinals  have  the  priv- 
ilege of  performing  pontifical  functions  in  any  diocese,  and  need 
but  notify  the  local  Ordinary,  if  they  wish  to  pontificate  in  the 
Cathedral,  as  Canon  239,  §  1,  n.  15,  decrees.    (Canon  1008.) 

852.  The  general  ordinations  should  be  held  publicly  in 
the  cathedral  church,  in  the  presence  of  the  cathedral  Chapter; 
if  they  are  held  in  another  place  of  the  diocese,  the  more  promi- 
nent church  should  be  selected,  and  the  clergy  of  the  place  should 
be  present. 

The  bishop  is  not  forbidden,  when  occasion  demands,  to 
have  special  ordinations  in  other  churches,  or  in  the  chapel  of 
the  episcopal  residence,  in  the  seminary,  or  in  a  religious  house. 

The  first  tonsure  and  the  minor  orders  may  be  conferred 
also  in  private  oratories.  (Canon  1009.) 

CHAPTER  VI. 
Record  and  Testimonial  of  Ordination. 

853.  After  ordination  the  names  of  those  ordained,  of  the 
.minister  of  ordination,  also  place  and  date,  shall  be  recorded 
in  a  book  specially  set  apart  for  that  purpose  in  the  episcopal 
Curia,  and  all  the  documents  required  in  the  various  ordinations 
shall  be  preserved. 

To  each  of  the  ordained  clerics  an  authentic  certificate  of 
the  orders  received  shall  be  given,  which,  if  they  were  ordained 
by  a  strange  bishop  with  dimissorials  from  their  own,  they  shall 
show  to  their  Ordinary  so  that  record  of  the  ordination  be  made 
in  the  episcopal  Curia.  (Canon  1010.) 

854.  The  Ordinary  in  the  case  of  seculars,  the  major  su- 
perior in  the  case  of  religious,  ordained  with  his  dimissorials, 
shall  send  notice  to  the  pastors  where  those  have  been  baptized 
who  were  ordained  subdeacons,  that  the  ordination  may  be  en- 
tered in  the  baptismal  record    as    Canon   470,    §  2,    demands. 
(Canon  1011.) 


205 

TITLE  VII. 

The  Sacrament  of  Marriage. 

855.  Christ  the  Lord  himself  raised  the  matrimonial  con- 
tract among  baptized  people  to  the  dignity  of  a  Sacrament. 

Wherefore,  among  baptized  people  there  can  be  no  valid 
marriage  contract  unless  it  is  at  the  same  time  a  Sacrament. 
(Canon  1012.) 

856.  The  primary  object  of  marriage  is  the  procreation 
and  education  of  offspring;  the  secondary  purpose  is  mutual  as- 
sistance and  the  remedy  of  concupiscence. 

The  essential  qualities  of  marriage  are  unity  and  indissolu- 
bility,  which  in  the  Christian  marriage  receives  their  peculiar 
firmness  by  reason  of  the  Sacrament.  (Canon  1013.) 

857.  Marriage  is  favored  in  law,  wherefore  in  a  doubt  the 
law  insists  on  the  validity  of    marriage    until    the    contrary    is 
proved.     The  exception  to  this  rule  in  reference  to  the  Pauline 
privilege  will  be  seen  in  Canon  1127.     (Canon  1014.) 

858.  The  valid  marriage  of  baptized  people  is  called  matri- 
monium ratum  before  its  completion  by  the  conjugal  intercourse; 
and  ratum  et  consummatum,  if  conjugal  intercourse  to  which 
marriage  of  its  nature  tends  has  taken  place,  and  by  which  the 
married  become  one  flesh. 

If  after  the  conclusion  of  the  marriage  contract  the  parties 
have  lived  together,  consummation  of  the  marriage  is  presumed 
in  law  until  the  contrary  is  proved. 

Valid  marriage  of  unbaptized  parties  is  called  matrimonium 
legitimum. 

Invalid  marriage  is  called  matrimonium  putativum,  if  it  was 
contracted  in  good  faith  by  at  least  one  of  the  parties,  until  such 
time  that  both  parties  become  certain  of  the  invalidity  of  their 
marriage.  (Canon  1015.) 

859.  The  marriage  of  baptized  persons  is  regulated  not 
only  by  the  Divine  law,  but  also  by  Canon  Law,  saving  the  com- 
petency of  the  civil  power  over  the  merely  civil  consequences  of 
the  marriage  contract.     (Canon  1016.) 

860.  The  promise  of  marriage,  whether  one-sided,  or  bi- 
lateral, is  null  and  void  in  either  form  unless  it  is  made  in  writing 
and  signed  by  the  parties  and  either  the  pastor,  or  the  local  Ordi- 
nary, or  at  least  two  witnesses. 


206  THE  NEW  CANON  LAW, 

If  either  one  or  both  parties  do  not  know  how  to  write,  or 
cannot  write,  as  for  instance,  in  accidents  that  injured  the  hand, 
etc.,  it  is  required  for  the  validity  of  the  engagement  contract 
to  note  in  the  document  the  inability  to  write,  and  to  employ  an 
extra  witness  who  shall  sign  the  paper  in  addition  to  the  persons 
mentioned  in  the  preceding  paragraph. 

The  engagement  to  marry,  though  it  be  valid,  and  there  be 
no  just  cause  to  shrink  from  its  fulfilment,  does  not  in  law  ad- 
mit of  action  in  the  ecclesiastical  court  to  force  the  other  party 
to  marriage.  Action  for  possible  injury  done  by  the  unjust 
breaking  of  the  engagement  is  admitted  in  the  ecclesiastical  court. 
(Canon  1017.) 

861.  The  pastor  should  not  omit  to  prudently  teach  the 
people  what  they  ought  to  know  about  marriage  and  its  impedi- 
ments.    (Canon  1018.) 

CHAPTER  I. 

Requisites  before  Marriage  and  specially  the  Banns. 

862.  Before  marriage  is  contracted  it  must  be  certain  that 
there  are  no  obstacles  to  its  valid  and  licit  celebration. 

In  danger  of  death,  if  other  proofs  are  not  available,  and 
there  are  no  indications  to  the  contrary,  the  sworn  affirmation 
of  the  parties  that  they  are  baptized,  and  that  there  is  no  impedi- 
ment to  their  marriage,  suffices.  (Canon  1019.) 

863.  The  pastor  whom  the  law  entitles  to  assist  at  the 
marriage  shall  in  good  time  inquire  whether  there  is  any  impedi- 
ment to  the  marriage. 

He  should  ask  separately  both  the  man  and  the  woman 
whether  they  are  under  any  impediment,  whether  they  freely 
consent  to  the  marriage,  especially  the  woman,  and  whether  they 
are  sufficiently  instructed  in  Christian  doctrine,  unless  he  knows 
otherwise  that  they  are  well  instructed  in  their  religion. 

The  bishop  of  the  diocese  has  the  right  to  prescribe  special 
regulations  for  this  examination  of  parties  before  their  marriage. 
(Canon  1020.) 

864.  Unless  the  parties  were  baptized  in  his  own  parish, 
the  pastor  must  get  the  baptismal  certificate  of  the  parties,  or  of 
the  Catholic  party  only  in  the  case  of  a  Catholic  and  an  unbap- 


THE  BANNS  OF  MARRIAGE  207 

tized  party  to  be  married  with  the  dispensation  from  disparity 
of  cult. 

Catholics  who  have  not  yet  received  Confirmation  should 
first  receive  that  Sacrament,  if  they  can  do  so  without  great  in- 
convenience. (Canon  1021.) 

865.  The  pastor  should  announce  publicly  the  parties  to 
be  married.     (Canon  1022.) 

866.  The  banns  of  marriage  are  to  be  announced  by  the 
proper  pastor  of  the  parties. 

If  a  party  has  lived  in  some  other  place  for  six  months  after 
the  age  of  puberty,  the  pastor  should  refer  the  matter  to  the 
bishop,  who  may  either  have  the  banns  announced  in  that  place, 
or  otherwise  order  investigations  made  concerning  the  free  state 
of  the  party. 

If  there  is  any  suspicion  of  some  impediment,  the  pastor 
should  refer  the  matter  to  the  bishop  even  though  the  party  has 
been  living  less  than  six  months  in  another  place,  and  the  Ordi- 
nary should  not  permit  the  marriage  until  all  suspicion  is  re- 
moved by  thorough  investigation.  (Canon  1023.) 

867.  The  publication  of  the  banns  is  to  be  made  in  church 
on  three  successive  Sunday  or  holidays  of  obligation,  during  the 
Mass  or  at  other  services  that  are  largely  attended.     (Canon 
1024.) 

868.  The  Ordinary  may  also  substitute  in  his  diocese  an- 
other form  of  publishing  the  banns,  by  posting  the  names  of  the 
parties  at  the  church  doors  and  leaving  them  there  for  at  least 
eight  days,  during  which  there  must  be  two  Sundays  or  holidays 
of  obligation.     (Canon  1025.) 

869.  Publication  of  the  banns  should  be  omitted  in  mar- 
riages contracted  with  dispensation  from  either  disparity  of  cult 
or  mixed  religion,  unless  the  Ordinary  judges  that  it  should  be 
permitted.     This  permission,  however,  can  be  given  only  when 
there  is  no  scandal,  and  after  Apostolic  dispensation  from  the 
impediment  has  been  obtained,  and  no  reference  is  to  be  made  to 
the  religion  of  the  non-Catholic.     (Canon  1026.) 

870.  All  the  faithful  are  obliged  in  conscience  to  manifest 
either  to  the  pastor  or  to  the  bishop  any  impediment  they  may 
know  concerning  the  marriage  of  the  parties  that  are  announced. 
(Canon  1027.) 

871.  The  proper  bishop  of  the  contracting  parties  can  for 


208 

legitimate  reasons  dispense  from  the  publication  of  the  banns,  not 
only  in  his  own  diocese,  but  also  in  the  diocese  where  the  parties 
formerly  lived. 

If  the  parties  belong  to  two  different  dioceses,  the  bishop 
in  whose  diocese  the  marriage  is  to  take  place  has  the  right  to 
dispense.  If  the  marriage  is  to  be  contracted  outside  either  of 
the  two  dioceses,  either  bishop  is  competent  to  dispense.  (Canon 
1028.) 

872.  If  another  pastor  examined  the  parties  and  announced 
the  banns,  he  should  inform  the  pastor  who  is  to  assist  at  the  mar- 
riage concerning  these  affairs.     (Canon  1029.) 

873.  After  the  examination  of  the  parties  and  the  procla- 
mation of  the  banns  the  pastor  should  not  assist  at  the  marriage 
unless  he  has  received  whatever  papers  may  be  necessary,  and 
wait  three  days  after  the  last  calling  out  of  the  banns,  unless  there 
is  good  reason  to  dispense  with  this  rule. 

If  marriage  was  delayed  for  six  months  after  the  announce- 
ment of  the  banns,  they  must  be  repeated,  unless  the  Ordinary  de- 
cides otherwise.  (Canon  1030.) 

874.  §  1.  The  following  rules  are  to  be  observed  when 
doubt  arises  as  to  some  impediment : 

1.  the  pastor  shall  investigate  the  matter  more  accurately, 
and  ask  at  least  two  trustworthy  witnesses  to  make  statement 
under  oath,  provided  there  is  not  question  of  an  impediment 
that  would  bring  disgrace  upon  the  parties,  and  if  necessary  he 
may  also  put  the  parties  under  oath  to  make  statement  concern- 
ing the  doubtful  impediment; 

2.  he  should  continue  or  finish  the  announcing  of  the  banns, 
if  the  doubt  arose  before  the  banns  were  published  or  during 
the  time  of  their  publication; 

3.  he  should  not  assist  at  the  marriage  without  consulting 
the  bishop,  if  the  doubt  still  continues. 

§  2.  When  an  impediment  has  been  discovered  with  cer- 
tainty : 

1.  if  the  impediment  is  secret,  the  pastor  should  continue 
the  publication  of  the  banns  and  refer  the  matter  to  the  bishop  or 
to  the  Sacred  Penitentiary,  not  giving  the  names  of  the  parties; 

2.  if  the  impediment  is  public  and  is  discovered  before  the 
publication  of  the  banns  has  been  made,  the  pastor  shall  not  an- 
nounce the  banns  until  the  impediment  is  removed,  though  he  may 


IMPEDIMENTS  IN   GENERAL  209 

know  that  a  dispensation  was  obtained,  but  only  for  the  internal 
forum.  If  the  impediment  is  detected  after  the  first  or  second 
publication  of  the  banns,  the  pastor  should  finish  the  publication 
and  refer  the  matter  to  the  bishop. 

§  3.  If  there  is  neither  a  certain  nor  doubtful  impediment, 
the  pastor  should  admit  the  parties  to  the  marriage  contract 
when  the  publication  of  the  banns  is  finished.  (Canon  1031.) 

875.  The  pastor  shall  not  assist  at  the  marriage  of  vagi, 
(Canon  91,  explains  who  are  called  vagi  in  law)  except  in  a 
case  of  necessity,  without  referring  the  matter  to  the  Ordinary 
or  a  priest  delegated  by  him  for  that  purpose,  and  obtaining  per- 
mission to  assist  at  such  marriages.     (Canon  1032.) 

876.  The  pastor  shall  not  neglect  to  teach  the  parties  to 
be  married  the  sanctity  of  the  Sacrament  of  Marriage,  the  mu- 
tual obligations  of  married  people  and  the  duty  of  parents  to- 
ward the  offspring.     He  shall  also  admonish  them  to  make  a 
good  confession  and  receive  holy  Communion  before  marriage. 
(Canon  1033.) 

877.  The  pastor  shall  earnestly  warn  young  people  not  to 
contract  marriage  against  reasonable  objections  of  their  parents. 
If  they  nevertheless  persist,  against  the  lawful  objection  of  their 
parents,  the  pastor  shall  not  marry  them,  but  refer  the  matter 
to  the  bishop.    (Canon  1034.) 

CHAPTER  II. 

Impediments  in  General. 

878.  All  persons  may  contract  marriage  unless  forbidden 
by  law.     (Canon  1035.) 

879.  An  impedient  impediment  contains  a  grave  prohibi- 
tion to  contract  marriage,  but  it  does  not  invalidate  a  marriage 
contracted  with  such  an  impediment. 

A  diriment  impediment  does  not  only  forbid  the  marriage, 
but  makes  its  celebration  null  and  void. 

Though  the  impediment  may  be  on  the  park  of  only  one  of 
the  parties,  marriage  is  nevertheless  either  illicit,  or  invalid,  for 
both.  (Canon  1036.) 

880.  An  impediment  is  considered  public  in  law  when  it 
can  be  proved  in  the  external    forum;    otherwise   it    is    occult. 
(Canon  1037.) 


210  THE  NEW  CANON  LAW 

881.  The  supreme  authority  of  the  Church  alone  has  the 
right  to  authentically  declare  in  what  cases  the  Divine  law  for- 
bids or  annuls  a  marriage. 

The  same  supreme  authority  has  the  exclusive  right  to  con- 
stitute for  the  baptized  people  other  impedient  and  diriment  im- 
pediments of  marriage,  either  by  universal  or  particular  law. 
(Canon  1038.) 

882.  The  bishops  can  forbid  any  one  actually  staying  in 
their  diocese,  and  their  subjects  also  while  they  are  outside  the 
diocese,  to  marry,  if  there  is  some  special  reason,  and  for  the  time 
that  the  reason  lasts. 

The  Holy  See  alone  can  attach  to  its  prohibition  the  pain  of 
invalidity.  (Canon  1039.) 

883.  The  Roman  Pontiff  alone  can  abolish  or  modify  the 
impedient  or  diriment  impediments  of  marriage  in  the  legislation 
of  the  Church,  and  no  one  else  can  dispense  in  these  laws  except 
in  as  far  as  is  conceded  to  him  either  in  the  common  law  or  by 
special  indult  of  the  Holy  See.     (Canon  1040.) 

884.  Custom  introducing  a  new  impediment  of  marriage 
or  tending  to  change  the  existing  impediments  is  disapproved  by 
the  Code.     (Canon  1041.) 

885.  There  are  impediments  of  major  and  of  minor  degree. 
Impediments  of  minor  degree  are  the  following : 

1.  consanguinity  in  the  third  degree  of  the  collateral  line; 

2.  affinity  in  the  second  degree  of  the  collateral  line; 

3.  public  honesty,  in  the  second  degree; 

4.  spiritual  relationship; 

5.  the  impediment  of  crime,  arising  from  adultery  with 
promise  of  marriage,  or  attempted  civil  marriage. 

All  other  impediments  are  of  major  degree.     (Canon  1042.) 

886.  In  urgent  danger  of  death  the  Ordinaries  can,  for  the 
sake  of  conscience  and  for  the  purpose  of  legitimizing  offspring, 
dispense  from  the  form  of  the  contract  as  well  as  from  any  and 
all  impediments  of  ecclesiastical  law,  public  and  occult  as  well 
as  multiple,  with  the  exception  of  impediments  arising  from  the 
sacred  priesthood  and  from  the  affinity  in  the  direct  line  arising 
from  consummated  marriage.    This  dispensation  they  can  apply 
to  their  subjects  wherever  these  are  at  the  time,  and  to  all  who 
actually  are  in  the  territory  of  their  diocese;  scandal  must,  of 
course,  be  removed  and  in  case  the  dispensation  is  granted  for 


IMPEDIMENTS  IN   GENERAL  211 

disparity  of  cult,  or  mixed  religion,  the  prescribed  promises  must 
be  made.     (Canon  1043.) 

887.  In  the  same  circumstances  as  mentioned  in  the  pre- 
ceding Canon,  and  only  when  danger  is  so  urgent  that  there  is 
no  time  to  approach  the  Ordinary,  the  pastor  or  priest  who  as- 
sists at  the  marriage,  in  accordance  with  Canon  1098,  n.  2,  and 
also  the  confessor,  but  the  latter  only  for  the  internal  forum  and 
in  sacramental  confession,  have  the  same  faculties  as  those  given 
to  the  bishops  in  the  foregoing  Canon.     (Canon  1044.) 

888.  The  Ordinaries  can,  under  the  conditions  stated  at 
the  end  of  Canon  1043,  if  the  impediment  is  discovered  only  after 
everything  has  been  prepared  for  the  marriage  and  the  ceremony 
cannot  be  delayed  until  dispensation  from  the  Holy  See  can  be 
obtained  without  probable  danger  of  great  evil,  grant  dispensa- 
tion from  all  the  impediments  mentioned  in  Canon  1043. 

This  faculty  holds  good  also  for  the  convalidation  of  a  mar- 
riage already  contracted,  if  delay  is  dangerous  and  there  is  not 
sufficient  time  to  recur  to  the  Holy  See. 

In  the  same  circumstances  all  priests  mentioned  in  Canon 
1044  have  the  same  faculties  in  occult  cases  and  in  emergencies 
when  there  is  no  time  to  recur  to  the  bishop,  or  only  with  danger 
of  violating  the  seal  of  confession.  (Canon  1045.) 

889.  The  pastor  or  priest  spoken  of  in  Canon  1044  who 
has  granted  a  dispensation  for  the  external  forum  shall  at  once 
inform  the  Ordinary  of  this  fact  and  the  dispensation  shall  be 
noted  in  the  marriage  record  of  the  parish  to  which  the  parties 
belong.     (Canon  1046.) 

890.  Unless  the  rescript  of  the  Sacred  Penitentiary  con- 
tains other  directions,  it  shall  be  the    rule    that    dispensations 
granted   by   this  tribunal    for   the   internal,    extra-sacramental, 
forum  are  to  be  recorded  in  the  secret  archives  of  the  episcopal 
Curia,  and  there  is  no  need  of  another  dispensation  if  afterwards 
the  impediment  becomes  public;  if  the  dispensation  was  granted 
for  the  internal  sacramental  forum  only,  a  new  dispensation 
would  be  required  should  the  impediment  become  public.   (Canon 
1047.) 

891.  If  the  petition  for  a  dispensation  has  been  sent  to  the 
Holy  See,  the  Ordinaries  should  not  in  that  case  make  use  of 
their  faculties,  except  for  a  serious  and  urgent  reason,  in  such 


212  THE  NEW  CANON  LAW 

case  reporting  to  the  Holy  See  what  they  have  done  in  the  emer- 
gency.    (Canon  1048.) 

892.  In  marriages,  whether  contracted  or  to  be  contracted, 
he  who  has  a  general  indult  of  dispensing  from  some  certain 
impediment,  can  dispense  from  it  even  though  the  same  impedi- 
ment is  multiple,  unless  it  is  stated  differently  in  the  indult. 

He  who  has  a  general  indult  to  dispense  from  several  im- 
pediments of  various  species,  either  diriment  or  impedient,  can 
dispense  from  these  impediments  though  they  be  public  and  oc- 
cur in  one  and  the  same  case.  (Canon  1049.) 

893.  If  he  who  has  a  general  indult  to  dispense  from 
several  public  impediments  meets  with  a  case  where  there  is 
also  another  impediment  from  which  he  cannot  dispense,  he  must 
ask  the  Holy  See  for  dispensation  from  all  impediments  in  the 
case.     If,  however,  the  impediment  or  impediments  from  which 
he  can  dispense  are  found  out  only  after  dispensation  has  been 
obtained  from  the  Holy  See,  he  may  make  use  of  his  faculties. 
(Canon  1050.) 

894.  By   a   dispensation    from    an   impediment,    granted 
either  by  ordinary  power,  or  by  delegation  in  the  form  of  a  gen- 
eral indult,  the  legitimation  of  the  offspring,  if  the  offspring  is 
already  born  or  conceived,  is  ipso  facto  granted,  with  the  excep- 
tion of  adulterous  or  sacrilegious  offspring.     If  dispensation  is 
granted  by  rescript  in  particular  cases,  the  legitimation  is  not 
given  ipso  facto,  but  must  be  specially  asked  for  and  obtained. 
One  and  the  same  rescript  may,  however,  contain  both  the  dis- 
pensation and  the  legitimation  of  offspring.     (Canon  1051.) 

895.  The  dispensation  from  the  impediment  of  consan- 
guinity and  affinity  given  for  some  degree  is  valid  although  in 
the  petition  or  in  the  concession  there  is  an  error  concerning  the 
degree,  provided  the  degree  that  actually  exists  is  inferior,  or  the 
impediment  which  was  concealed  is  of  the  same  species  and  of 
equal  or  inferior  degree.     (Canon  1052.) 

896.  The  dispensation  given  by  the  Holy  See  from  the 
matrimonium  ratum  non  consummatum,  or  the  permission  to 
marry  again  on  account  of  the  presumed  death  of  the  first  part- 
ner, always  includes  the  dispensation  from  the  impediment  of 
crime  committed  by  adultery,  and  the  promise  of,  or  attempt  at, 
marriage,  if  there  is  need  of  such  a  dispensation,  but  the  impedi- 
ment of  crime  incurred  by  adultery  and  the  killing  of  the  partner 


IMPEDIMENTS  IN   GENERAL  213 

by  one  of  the  adulterers,  or  by  mutual  cooperation  of  both,  is  not 
ipso  facto  included  in  the  above  dispensation,  but  must  be  spe- 
cially obtained.  (Canon  1053.) 

897.  The  dispensation  from  an  impediment  of  lesser  de- 
gree (cf.  Canon  1042)  is  not  invalidated  by  positive  lie  or  by 
concealing  the  truth,  even  though  the  only  motive  reason  ad- 
vanced in  the  petition  be  false.     (Canon  1054.) 

898.  Dispensations  from  public  impediments  committed  by 
the  Holy  See  to  the  Ordinary  of  the  petitioners  shall  be  executed 
by  the  Ordinary  who  gave  letters  of  recommendation  to  the  peti- 
tioner of  the  dispensation,  or  who  forwarded  the  petition  to  the 
Holy  See,  though  by  the  time  the  dispensation  arrives  they  have 
left  the  former  diocese  in  which  they  had  a  domicile  or  quasi- 
domicile  with  the  intention  not  to  return;  the  Ordinary  of  the 
place,  however,  where  they  are  to  contract  the  marriage  is  to  be 
advised  of  the  dispensation  which  was  granted  by  the  Holy  See. 
(Canon  1055.) 

899.  With  the  exception  of  a  small  charge  for  the  neces- 
sary expenses  of  the  chancery  office  for  dispensations  of  those 
who  are  not  poor,  the  bishop  of  the  diocese  and  his  officials  are 
not  permitted  to  demand  any  fee  on  occasion  of  granting  a  dis- 
pensation, unless  the  Holy  See  shall  have  explicitly  given  them 
this  right;  if  they  nevertheless  exact  any  fee,  they  are  held  to 
restitution.     All  customs  contrary  to  this  rule  are  disapproved 
by  the  Code.     (Canon  1056.) 

900.  The  person  who  grants  a  dispensation  in  virtue  of 
delegated  powers  received  from  the  Holy  See,  must  make  ex- 
plicit mention  of  the  papal  indult  in  granting  the  dispensation. 
(Canon  1057.) 

It  may  be  noted  in  connection  with  the  question  of  dis- 
pensation from  impediments  of  marriage  that  a  recent  decree 
of  the  Consistorial  Congregation,  April  25,  1918,  has  revoked 
the  special  faculties  which  the  bishops  used  to  get  for  three,  five, 
or  ten  years.  Several  of  these  faculties  referred  to  dispensation 
from  marriage  impediments.  The  Code,  in  Canons  1043-1045, 
gives  the  bishop  the  necessary  faculties  in  urgent  cases,  and  the 
mentioned  decree  grants  to  the  bishops  in  America,  the  Philip- 
pine Islands,  East  Indies,  Africa  beyond  the  places  along  the 
Mediterranean  Sea,  and  Russia,  for  five  years,  beginning  with 
May  18,  1918,  faculty  to  dispense  from  the  impediments  of 


214  THE  NEW  CANON  LAW 

lesser  degree  mentioned  in  Canon  1042,  and  the  sanatid  in  radice 
for  marriages  contracted  invalidly  on  account  of  these  impedi- 
ments. The  party  who  knows  of  the  invalidity  of  the  marriage 
is  to  be  informed  of  the  effects  of  the  sanatio.  Furthermore,  the 
same  Ordinaries  receive  faculty  for  five  years  to  dispense  from 
the  impediments  of  major  degree  induced  by  Canon  Law,  either 
public  or  occult,  and  also  multiple,  with  the  exception  of  the 
priesthood  and  the  affinity  in  the  direct  line  after  the  consumma- 
tion of  marriage,  and  also  from  the  impedient  impediment  of 
mixed  religion,  if  after  the  petition  for  dispensation  has  been 
sent  to  the  Holy  See  an  urgent  reason  comes  up  making  it  neces- 
sary to  grant  the  dispensation  at  once.  (Acta  Apost.  Sedis,  vol. 
X.  pag,  190.) 

CHAPTER  III. 

Impedient  Impediments. 

901.  Marriage  is  forbidden  to  those  who  have  made  the 
simple  vow  of  virginity,  of  perfect  chastity,  not  to  marry,  to  re- 
ceive major  orders,  or,  to  embrace  religious  life. 

No  simple  vow  invalidates  marriage,  unless  invalidity  has 
been  attached  to  it  by  the  Holy  See  for  some  Order,  congrega- 
tion, etc.  (Canon  1058.) 

902.  In  those  countries  where  by  the  civil  law  marriage 
is  forbidden  on  account  of  legal  adoption,  marriage  is  also  by 
Canon  Law  illicit.    (Canon  1059.) 

903.  The  Church  forbids  most  severely  and  in  all  coun- 
tries marriage  between  a  Catholic  and  an  heretic,  or  schismatic. 
If  there  is  danger  of  perversion  for  the  Catholic  party  and  the 
offspring,  such  marriage  is  also  forbidden  by  the  Divine  law. 
(Canon  1060.) 

904.  The  Church  does  not  dispense  from  the  impediment 
of  mixed  religion  unless: 

1.  there  are  good  and  serious  reasons; 

2.  the  non-Catholic  party  promises  to  remove  all  danger 
of  perversion  of  the  Catholic  party,  and  both  parties  promise 
that  all  their  children   shall  be  baptized   and  brought   up   as 
Catholics ; 

3.  there  is  moral  certainty  that  the  promises  will  be  kept 
The  promises  are,  as  a  rule,  to  be  made  in  writing.  (Canon  1061.) 


IMPEDIENT  IMPEDIMENTS  215 

905.  The  Catholic  party  has  the  obligation  to  prudently 
work  for  the  conversion  of  the  non-Catholic.    (Canon  1062.) 

906.  When  the  Church  has  given  the  dispensation  from 
the  impediment  of  mixed  religion,  the  parties  are  not  allowed, 
either  before  or  after  the  Catholic  wedding,  to  approach  either 
in  person  or  through  proxies  a  non-Catholic  minister  as  such,  to 
give  or  renew  the  consent  in  the  Protestant  Rite. 

If  the  pastor  knows  that  the  parties  will  certainly  violate 
or  have  already  violated  this  law,  he  shall  not  assist  at  their  mar- 
riage, except  for  very  serious  reasons,  and  only  after  scandal 
has  been  removed,  and  the  Ordinary  has  been  consulted. 

The  Church  does  not  censure  parties  who  are  forced  by 
civil  law  to  appear  before  a  non-Catholic  minister,  who  acts  as 
an  official  of  the  government,  but  their  intention  must  be  to 
merely  comply  with  the  requirements  of  law  and  to  gain  the 
civil  recognition  of  their  marriage.  (Canon  1063.) 

907.  Bishops  and  other  pastors  of  souls  shall : 

1.  deter  the  faithful  as  much  as  they  can  from  mixed 
marriages ; 

2.  if  they  cannot  prevent  them  altogether  they  should  by 
all  means  see  to  it  that  they  are  not  contracted  against  the  laws 
of  God  and  of  the  Church;  , 

3.  watch  that  those  who  contracted  a  mixed  marriage  in 
their  own  place,  or  come  from  other  places,  live  up  to  their 
promises ; 

4.  when  assisting  at  a  mixed  marriage  they  shall  observe 
Canon  1102,  which  demands  that  in  such  case  no  sacred  cere- 
monies shall  be  made  use  of  in  witnessing  the  marriage  contract. 
(Canon  1064.) 

908.  The   faithful   should  likewise  be  discouraged   from 
contracting  marriage  with  those  who  have  publicly  given  up  the 
Catholic  faith,  though  they  have    not    joined    a    non-Catholic 
church,  and  with  those  who  belong  to  societies  condemned  by  the 
Church. 

The  pastor  shall  not  assist  at  such  marriages  without  con- 
sulting his  bishop,  who,  considering  all  circumstances,  may  per- 
mit him  to  assist  at  such  a  marriage,  provided  there  are  serious 
reasons,  if  the  Ordinary  has  good  grounds  to  believe  that  the 
Catholic  education  of  the  children  is  sufficiently  certain,  and  that 


216  THE  NEW  CANON  LAW 

the  danger  of  perversion  of    the    Catholic    party    is    removed. 
(Canon  1065.) 

909.  If  a  public  sinner,  or  a  person  known  to  be  under 
censure,  does  not  agree  first  to  go  to  confession  and  be  recon- 
ciled with  the  Church,  the  pastor  shall  not  assist  at  his  marriage, 
unless  there  is  grave  and  urgent  reason,  concerning  which  he 
should  consult  the  Ordinary,  if  it  is  possible.     (Canon  1066.) 

CHAPTER  IV. 

Diriment  Impediments. 

910.  A  boy  under  sixteen  years  of  age  and  a  girl  under 
fourteen  cannot  validly  contract  marriage. 

Though  marriage  is  valid  when  these  years  are  completed, 
the  pastors  of  souls  should  dissuade  young  people  from  marriage 
at  an  earlier  age  than  is  commonly  the  custom  in  the  respective 
countries.  (Canon  1067.) 

911.  Antecedent  and  perpetual   impotency  either  on  the 
part  of  the  man  or  the  woman,  whether  known  to  the  other  or 
not,  and  whether  absolute  or  relative  impotency,  annuls  marriage 
by  the  very  law  of  nature.      (The  Code  does  not  define  the  nature 
of  impotency  and  sterility,  wherefore  the  former  doubts  concern- 
ing this  question  are  not  solved  authoritatively.     One  point,  how- 
ever, is  made  clear  in  the  text  here  following,  namely,  that  in 
doubtful  impotency,  both  in  a  dubium  juris  and  a  dubium  facti, 
there  is  no  prohibition  of  marriage.) 

If  the  impediment  of  impotency  is  doubtful,  either  as  to  fact 
or  as  to  law,  marriage  is  not  to  be  forbidden. 

Sterility  neither  invalidates  nor  makes  marriage  illicit. 
(Canon  1068.) 

912.  He  who  is  held  by  a  previous  marriage  bond,  though 
it  be  not  a  consummated  marriage,  cannot  validly  contract  an- 
other marriage.    The  exception  of  the  Pauline  privilege  will  be 
explained  in  another  Canon. 

Though  the  first  marriage  be,  for  some  reason,  invalid  or 
dissolved,  it  is  not  lawful  for  Catholics  to  contract  another  mar- 
riage before  there  is  legal  proof  of  the  invalidity  or  the  dissolu- 
tion of  the  first  marriage.  (Canon  1069.) 

913.  The  marriage  between  a  person  baptized  in  the  Catho- 
lic Church,  or  received  into  the  Church  from  heresy  or  schism, 
and  a  non-baptized  individual  is  null  and  void. 


DIRIMENT  IMPEDIMENTS  217 

If  a  certain  party  at  the  time  of  the  marriage  was  com- 
monly held  to  have  been  baptized,  or  if  his  baptism  was  doubtful, 
the  validity  of  such  marriage  must,  according  to  the  rule  of 
Canon  1014,  be  upheld  until  it  is  proved  with  certainty  that  one 
party  was,  and  the  other  was  not,  baptized.  (Canon  1070.) 

914.  The  rules  prescribed  in  Canons  1060-1064  for  mixed 
marriages  must  be  applied  also  to  marriages  where  there   is 
an  impediment  of  disparity  of  cult.     (Canon  1071.)    Canon  1061 
plainly  states  that  the  Church  does  not  dispense  from  the  im- 
pediment of  mixed  religion,  and  the  same  is  to  be  said  of  the 
disparity  of  cult,  unless  there  are  grave  and  urgent  reasons  and 
the  required  promises  are  made.    In  the  case  of  disparity  of  cult 
the  marriage  would  be  invalid,  if  the  conditions  of  Canon  1061 
are  not  verified. 

915.  Clerics    in    major    orders    cannot    validly    marry. 
(Canon  1072.) 

916.  Likewise  religious,  who  have  taken  solemn  vows,  or 
whose  simple  vows  have  by  the  special  law  of  the  Holy  See  the 
power  to   annul   marriage,   cannot  contract  a  valid   marriage. 
(Canon  1073.) 

917.  Between  the  man  guilty  of  rape  and  the  woman  whom 
he  abducts  with  the  purpose  of  marriage  there  can  be  no  marriage 
as  long  as  the  woman  is  in  the  power  o.f  the  man  committing 
rape. 

If  the  abducted  woman,  after  having  been  separated  from 
the  man,  and  been  placed  at  full  liberty  consents  to  marry  that 
man,  the  impediment  ceases. 

As  far  as  the  nullity  of  marriage  is  concerned,  the  forcible 
detention  of  the  woman  is  held  equal  to  rape,  namely  when  the 
man  by  force  detains  the  woman  with  the  purpose  to  marry  her 
in  the  place  where  she  lives,  or  to  which  she  came  of  her  own  free 
will.  (Canon  1074.) 

918.  The  impediment  of  crime  invalidates  marriage  with 
the  accomplice  of  the  crime : 

1.  if  a  married  person  commits  adultery  by  complete  con- 
jugal action  and  enters  into  a  mutual  promise  of  marriage  with 
the  partner  in  adultery,  or  if  they  attempt  a  civil  marriage ; 

2.  if  a  married  person  commits  such  adultery  and  one  of 
the  adulterers  kills  the  husband,  or  wife,  of  the  adulterer; 

3.  if  a  married  person,  without  committing  adultery,  brings 


218  THE  NEW  CANON  LAW 


about  the  death  of  his,  or  her,  partner  in  marriage  by  physical  or 
moral  cooperation  of  the  accomplice.     (Canon  1075.) 

919.  The  impediment  of  consanguinity  is  defined  as  fol- 
lows: 

1.  in  the  direct  line  of  consanguinity  marriage  is  invalid  be- 
tween persons  of  all  degrees,  for  the  legitimate  descendants  as  well 
as  the  natural ; 

2.  in  the  collateral  or  branch  lines  marriage  is  invalid  to 
the  third  degree  inclusively,  in  such  a  manner,  however,  that  the 
impediment  is  multiplied  only  as  often  as  the  common  progenitors 
are  multiplied.     (Cf.  Canon  96  for  further  details  on  consan- 
guinity) ; 

3.  marriage  shall  never  be  allowed  if  there  is  any  doubt  as 
to  whether  the  parties  are  of  blood  relation  in  any  degree  of  the 
direct  line,  or  in  the  first  degree  of  the  collateral  line.      (Canon 
1076.) 

920.  The  impediment  of  affinity: 

1.  invalidates  marriage  in  any  degree  of  the  direct  line, 
and  in  the  collateral  line  to  the  second  degree  inclusively  (Canon 
97  explains  how  affinity  arises,  and  according  to  this  Canon  the 
former    impediment    of    affinity    from    sinful    intercourse    is 
dropped ) ; 

2.  the  affinity  is  multiplied  ( 1 )  as  often  as  the  impediment 
of  consanguinity  from  which  the  affinity  proceeds  is  multiplied ; 
(2)  by  repeated  successive  marriage  with  a  blood  relation  of  the 
deceased  partner  in  marriage.     (Canon  10/7.) 

921.  The  impediment  of  public  honesty  arises  from  invalid 
marriage,  whether  consummated  or  otherwise,  and  from  public 
and  notorious  concubinage.     Marriage  is  invalidated  in  the  first 
and  second  degree  of  the  direct  line  between  the  man  and  blood 
relations  of  the  woman,  and  vice  versa.     (Canon  1078.)     The 
impediment  from  valid  engagement  is,  therefore,  abolished. 

922.  The  spiritual  relationship  mentioned  in  Canon  768 
only  invalidates  marriage  between  those  who  contracted  spiritual 
affinity  in  Baptism,  namely  between  the  person  baptized,  on  the 
one  hand,   and  the  minister   and  the  sponsors   on  the  other. 

.(Canon  1079.) 

923.  Those  who  Ijy  the  civil  law  are  declared  incapable  to 
marry  on  account  of  legal  adoption,  cannot  equally  under  Canon 
Law  contract  valid  marriage.     The  Church,  therefore,  in  this 


THE  MATRIMONIAL  CONSENT  219 

particular  impediment  adopts  the  civil  law  and  makes  it  also  her 
own.  To  know  whether  there  -is  a  diriment  impediment  of  re- 
lationship by  adoption,  and  how  far  it  extends,  must  be  learned 
from  the  statute  law  of  individual  States.  (Canon  1080.) 

CHAPTER  V. 
The  Matrimonial  Consent. 

924.  Marriage  is  effected  by  legally  manifested  consent  of 
the  parties  qualified  thereto  by  law,  which  consent  cannot  be  sup- 
plied by  any  human  authority. 

The  matrimonial  consent  is  an  act  of  the  will,  by  which 
either  party  gives  and  accepts  the  right  to  the  body,  a  right  both 
perpetual  and  exclusive,  for  the  purpose  of  performing  the 
actions  apt  by  their  nature  to  procreate  children.  (Canon  1081.) 

925.  The  matrimonial  consent  cannot  be  validly  given  unless 
the  contracting  parties  know  at  least  that  marriage  is  a  permanent 
union  between  man  and  woman,  for  the  purpose  of  generating 
offspring. 

Ignorance  concerning  the  nature  of  marriage  is  not  pre- 
sumed by  law  in  persons  who  have  attained  puberty.  (Canon 
1082.) 

926.  Error  concerning  the  individual  person  with  whom 
one  is  to  contract  marriage  renders  marriage  null  and  void. 

Error  concerning  any  quality  of  the  person,  though  such 
quality  caused  one  to  contract  marriage,  renders  marriage  invalid 
only  in  two  cases:  (1)  If  the  error  concerning  a  certain  quality 
amounts  to  an  error  of  the  person;  (2)  if  one  contracts  with  a 
person  who  was  believed  to  be  free  when  he,  or  she,  is  in  fact  a 
slave  properly  so-called  in  countries  where  slavery  still  exists. 
(Canon  1083.) 

927.  The  mere  error  concerning  the  unity  and  indissolu- 
bility,  or  sacramental  dignity  of  marriage  does  not  annul  the 
matrimonial   consent,   even  if   such  error   caused  the  consent. 
(Canon  1084.) 

928.  The  knowledge  or  opinion  of  the  nullity  of  marriage 
does   not   necessarily   exclude   matrimonial   consent.       (Canon 
1085.) 

929.  The  internal  consent  of  the  mind  is  always  presumed 
to  correspond  with  the  words  or  signs  by  which  consent  is  mani- 
fested in  the  celebration  of  marriage. 


220  THE  NEW  CANON  LAW 

If  either  one  or  both  parties  by  a  positive  act  of  the  will 
exclude  marriage  itself,  or  all  right  to  the  conjugal  act,  or  any 
of  the  essential  qualities  of  marriage,  they  contract  invalidly. 
(Canon  1086.) 

930.  Marriage  is  also  invalid  if  entered  into  by  grave  fear, 
or  force,  which  an  outside  agency  brought  to  bear  upon  a  person 
unjustly,  and  by  which  the  person  was  forced  to  choose  marriage 
as  a  means  to  free  oneself  from  the  force  or  the  threats. 

No  other  fear  carries  with  it  nullity  of  marriage,  though  it 
caused  the  contract.  (Canon  1087.) 

931.  In  order  to   validly  contract  marriage  the  parties 
must  be  in  each  other's  presence,  either  in  person  or  through 
proxy. 

The  parties  must  express  their  marriage  consent  in  words, 
and  they  are  not  allowed  to  use  equivalent  signs,  if  they  can 
speak.  (Canon  1088.) 

932.  For  the  valid  marriage  by  proxy  a  special  mandate  to 
contract  with  a  specified  individual  is  required,  and  the  mandate 
must  be  signed  by  the  party  issuing  the  same,  and  by  the  pastor 
or  the  Ordinary  of  the  place  in  which  the  mandate  is  given,  or 
by  a  priest  delegated  by  either  pastor  or  bishop,  or  at  least  by  two 
witnesses.     The  diocesan  statutes  may  demand  additional  pre- 
cautions. 

If  the  person  issuing  the  mandate  does  not  know  how  to 
write,  this  shall  be  noted  in  the  mandate  and  an  additional  witness 
shall  be  employed,  otherwise  the  mandate  is  void. 

If  the  person  who  gave  the  mandate  recalled  the  same,  or 
became  insane,  before  the  proxy  contracted  marriage  in  his  name, 
the  marriage  is  invalid,  though  neither  the  proxy  nor  the  other 
party  to  the  marriage  knew  about  the  retraction  of  consent. 

The  proxy  must  in  person  execute  the  mandate,  otherwise 
the  marriage  is  invalid.  (Canon  1089.) 

933.  Marriage  may  also  be  contracted  by  means  of  an 
interpreter.      (Canon  1090.) 

934.  The  pastor  shall  not  assist  at  a  marriage  to  be  con- 
tracted by  proxy  or  through  an  interpreter,  unless  there  is  good 
reason  for  contracting  in  the  unusual  manner,  and  unless  he  is 
certain  of  the  authenticity  of  the  mandate  or  the  truthfulness  of 
the  interpreter.     If  time  permits,  the  pastor  must  obtain  the 
bishop's  permission  to  assist  at  such  marriages.     (Canon  1091.) 


THE  MATRIMONIAL  CONSENT  221 

935.  The  condition  added  to  a  marriage  consent,  and  not 
retracted,  is  governed  by  the  following  principles : 

1.  If  the  condition  is  of  the  future  and  either  necessary, 
or  impossible,  or  sinful,  but  not  against  the  essence  of  marriage, 
it  is  considered  as  not  added  to  the  contract. 

2.  If  the  condition  is  of  the  future  and  against  the  essence 
of  marriage,  it  renders  the  marriage  invalid. 

3.  If  the  condition  is  of  the  future  and  licit,  it  suspends 
the  validity  of  the  marriage. 

4.  If  the  condition  is  either  of  the  past  or  the  present,  the 
marriage  is  valid  if  the  condition  is  realized,  but  invalid  if  it  is 
not  realized.     (Canon  1092.) 

This  impediment  must  not  be  confused  with  the  impediment 
of  error  spoken  of  in  Canon  1083,  which  states  that  marriage  is 
valid  though  there  was  a  mistake  concerning  non-essential  quali- 
ties, for  instance  concerning  health,  poverty,  family  rank,  etc.,  of 
the  party.  The  marriage  is  held  valid  in  law  even  though  the 
one  party  deceived  the  other  purposely  concerning  these  non- 
essential  qualities.  If,  however,  one  party  to  the  marriage  ex- 
plicitly states  any  of  these  qualities  as  a  condition  without  which 
he  will  not  contract  marriage,  for  instance,  "I  will  not  marry  you 
unless  you  are  free  from  such  a  disease,"  the  marriage  is  invalid 
if  the  condition  is  not  realized.  This  right  the  Church  grants  to 
the  contracting  parties  for  their  protection  against  deceit. 

936.  Though  marriage  was  contracted  invalidly  on  account 
of  some  diriment  impediment,  the  given  consent  is  supposed  to 
persevere  until  there  is  certainty  about  its  revocation.     (Canon 
1093.) 

CHAPTER  VI. 

Form  of  the  Marriage  Contract. 

937.  Those  marriages  only  are  valid  which  are  contracted 
either  before  the  pastor  or  the  Ordinary  of  the  place,  or  a  priest 
delegated  by  either,  and  at  least  two  witnesses,  in  conformity, 
however,  with  the  rules  laid  down  in  the  following  Canons,  and 
save  for  the  exceptions  mentioned  below  in  Canons  1098  and 
1099.     (Canon  1094.) 

938.  The  pastor  and  Ordinary  can  assist  at  marriage  val- 
idly  only : 

1.  from  the  day  they  have  taken  canonical  possession  of 
their  benefice,  according  to  Canons  334,  §3,  1444,  §1,  or  have 


222  THE  NEW  CANON 

entered  upon  their  office,  provided  they  are  not  excommunicated, 
interdicted,  or  suspended  from  office  by  a  condemnatory  or 
declaratory  sentence  of  the  ecclesiastical  court  (the  interdict 
is  here  added,  whereas  the  "Ne  Temere"  spoke  only  of  excom- 
munication and  suspension.  There  is  also  a  difference  in  the 
manner  of  inflicting  the  censures,  the  "Ne  Temere"  declared 
the  bishop  or  pastor  incapable  of  assisting  at  marriage  if  sus- 
pended or  excommunicated  by  public  decree  and  by  name,  while 
the  Code  speaks  of  inflicting  of  censures  by  the  ecclesiastical 
court.  Practically  it  is  the  same,  for  a  public  decree  of  excom- 
munication, etc.,  cannot  be  issued  except  after  a  canonical  trial)  ; 

2.  within  the  limits  of  their  territory ;  in  which  they  assist 
validly  at  the  marriages  not  only  of  their  subjects,  but  also  of 
non-subjects; 

3.  provided  they  are  not  forced  to  assist  by  violence  or 
grave  fear,  and  ask  for  and  receive  the  consent  of  the  contracting 
parties.     (The  Code  drops  the  rogati  et  invitati  of  the  "Ne 
Temere,"  namely  that  the  pastor  or  bishop  should  have  been 
requested  or  invited  to  witness  the  marriage.) 

The  pastor  and  the  bishop  who  can  validly  assist  at  mar- 
riages may  also  give  permission  to  another  priest  to  validly 
witness  marriages  within  the  limits  of  the  parish,  or  the  diocese 
respectively.  (Canon  1095.) 

939.  The  permission  given  to  another  priest  according  to 
the  preceding  Canon,  must  be  granted  to  a  specified  priest  for  a 
specified  marriage.     General  delegation  cannot  be  given  except 
to  regularly  appointed  assistants,  for  the  parish  to  which  they 
are  appointed;  otherwise  the  permission  or  delegation  is  invalid. 

The  pastor  and  the  bishop  should  not  give  permission  to 
assist  until  after  all  that  which  the  law  requires  for  the  proof 
of  the  free  state  of  the  parties  has  been  complied  with.  (Canon 
1096.) 

940.  The  pastor  and  the  bishop  assist  licitly  at  marriage 
only: 

1.  after  they  have  lawfully  ascertained  the  free  state  of 
the  contracting  parties,  according  to  the  regulations  of  the  Code; 

2.  after  they  have  ascertained  that  at  least  one  of  the  par- 
ties has  a  domicile  or  quasi-domicile  in  the  place  of  marriage, 
or  has  lived  there  at  least  for  a  month.     In  case  of  vagi  it  suf- 
fices that  they  are  actually  staying  in  the  place; 


FORM  OF  MARRIAGE  CONTRACT  223 

3.  if  the  pastor  cannot  claim  the  parties  as  his  subjects 
under  the  provisions  of  the  preceding  paragraph,  he  must  obtain 
permission  to  assist  either  from  the  pastor  or  the  Ordinary  where 
one  of  the  parties  hzs  a  domicile  or  quasi-domicile,  or  one  month's 
sojourn,  unless  there  is  question  of  vagi  who  are  actually  travel- 
ling and  have  no  place  of  sojourn  anywhere,  or  there  is  grave 
necessity  which  excuses  from  obtaining  permission. 

In  every  case  it  shall  be  the  rule  that  marriage  be  cele- 
brated before  the  pastor  of  the  bride,  unless  some  just  reason 
excuses.  Marriages  of  parties  of  different  Rites  shall  be  con- 
tracted in  the  presence  of  the  pastor  of  the  husband's  Rite,  unless 
a  particular  law  rules  otherwise. 

The  pastor  who  assists  at  marriages  without  the  permission 
required  by  the  present  Canon  cannot  make  the  stole  fee  his 
own,  but  must  forward  it  to  the  proper  pastor  of  the  contracting 
parties.  (Canon  1097.) 

941.  If  the  pastor  or  Ordinary,  or  a  priest  delegated  by 
either,  according  to  Canons  1095  and  1096,  cannot  be  had  or 
the  parties  cannot  go  to  him  without  great  inconvenience,  the 
following  rules  are  to  be  observed : 

1.  In  danger  of  death  marriage  may  be  validly  and  licitly 
contracted  in  the  presence  only  of  two  witnesses;  even  apart 
from  the  danger  of  death  marriage  may  be  contracted  without 
the  presence  of  an  authorized  priest,   if   it  can  be  prudently 
foreseen  that  this  state  of  affairs,  namely  the  difficulty  to  have 
an  authorized  priest  witness  the  marriage,  will  continue  for  a 
month.     (Two  important  modifications  of  the  "Ne  Temere"  are 
contained  in  this  Canon,  first  that  in  danger  of  death  marriage 
can  be  contracted  without  a  priest  before  two  witnesses,  and, 
second,  that  in  places  where  a  priest  cannot  be  had  or  the  parties 
cannot  go  to  him,  they  need  not  wait  for  a  whole  month,  if  there 
is  good  reason  to  judge  that  the  same  conditions  will  continue 
for  a  month.) 

2.  In  either  case,  if  there  is  another  priest  not  delegated, 
for  instance  on  vacation  or  a  visit,  who  can  be  present,  he  should 
be  called  and  together  with  the  witnesses  assist  at  the  marriage, 
but  only  the  two  witnesses  are  necessary  for  validity.      (Canon 
1098.) 

942.  To  the  form  of  marriage  as  demanded  by  the  pre- 
ceding Canons  are  held : 


224  THE  NEW  CANON  LAW 

1.  all  persons  baptized  in  the  Catholic  Church,  and  con- 
verts to  the  Church  from  heresy  or  schism,  though  the  first  men- 
tioned as  well  as  the  converts  should  afterwards  have   fallen 
away,  if  they  contract  marriage  among  themselves. 

2.  Catholics,  as  described  in  the  foregoing  paragraph,  who 
marry  non-Catholics,  either  baptized  or  unbaptized,  even  after 
they  have  obtained  a  dispensation  from  disparity  of  cult,  or  mixed 
religion. 

3.  Catholics  of  Oriental  Rites  who  marry  persons  of  the 
Latin  Rite  held  to  this  form  of  marriage. 

Saving  the  rule  of  §1,  n.  1,  of  this  Canon,  non-Catholics, 
whether  baptized  or  un-baptized,  are  nowhere  held  to  the  Catholic 
form  of  marriage  when  they  contract  marriage  among  themselves. 
Exempt  are  also  children  of  non-Catholics,  who,  though  they 
were  baptized  in  the  Catholic  Church,  were  reared  from  their 
infancy  in  the  non-Catholic  faith  or  in  infidelity  and  without 
religion,  when  they  contract  marriage  with  non-Catholics. 
(Canon  1099.) 

943.  Outside  the  case  of  necessity,  the  sacred  Rites  pre- 
scribed in  the  liturgical  books  approved  by  the  Church,  or  laudable 
customs  approved  by  the  Church,  shall  be  employed  in  the  cele- 
bration of  marriage.      (Canon  1100.) 

944.  The  pastor  should  attend  to  it  that  the  couple  receives 
the  nuptial  blessing,  which  can  be  given  them  also  after  they 
have  lived  in  marriage  for  a  long  time,  but  it  can  be  pronounced 
only  in  Holy  Mass  with  the  observance  of  the  special  rubric,  and 
on  all  days  with  the  exception  of  the  days  specified  in  Canon  1 108. 

The  solemn  nuptial  blessing  can  be  bestowed  only  by  the 
priest,  or  by  his  delegate,  who  has  the  right  validly  and  licitly 
to  witness  the  marriage  contract.  (Canon  1101.) 

945.  In  a  marriage  between  a  Catholic  and  a  non-Catholic 
the  questions  eliciting  the  consent  of  the  parties  are  to  be  put 
by  the  priest  as  demanded  by  Canon  1095,  §1,  n.  3. 

All  sacred  rites,  however,  are  forbidden.  If  from  this  pro- 
hibition greater  evils  are  foreseen  to  follow,  the  bishop  may 
allow  some  of  the  usual  church  ceremonies  with  the  exception 
of  the  celebration  of  Holy  Mass.  (Canon  1102.) 

946.  After  the  celebration  of  marriage  the  pastor,  or  he 
who  takes  his  place,  shall  as  soon  as  possible  enter  in  the  marriage 
record  the  names  of  the  married  couple  and  of  the  witnesses,  the 
place  and  date,  and  other  items  prescribed  in  the  rituals  and  the 


THE  MARRIAGE  OF  CONSCIENCE  225 

diocesan  statutes.  The  pastor  shall  make  the  entry  even  if 
another  priest,  delegated  either  by  himself  or  by  the  bishop, 
blessed  the  marriage. 

The  pastor  shall  also,  according  to  Canon  470,  §2,  note  in 
the  baptismal  record  that  the  parties  contracted  marriage  in  his 
parish  on  that  day.  If  one  or  both  parties  were  baptized  in 
another  parish,  the  pastor  in  whose  parish  the  marriage  was 
contracted  shall  send  notice  of  the  fact  to  the  pastor  where  the 
parties  were  baptized,  which  he  may  do  either  directly  or  through 
the  Curia  of  his  diocese. 

Whenever  marriage  was  contracted  according  to  Canon 
1098,  the  priest,  if  there  was  one  present,  and  otherwise  the 
witnesses,  must  see  to  it  that  the  marriage  is  entered  in  the  two 
records.  (Canon  1103.) 

CHAPTER  VII. 
The  Marriage  of  Conscience. 

947.  By  a  marriage  of  conscience  is  understood  a  marriage 
contracted  without  the  publication  of  the  banns  and  in  secret,  in 
accordance  with  the  following  Canons.    The  bishop  may  allow 
such  a  marriage  only  for  very  grave  and  urgent  reasons;  the 
vicar  general  cannot  allow  such  marriages  except  by  special  man- 
date of  his  bishop.     (Canon  1104.) 

948.  The  permission  to  contract  a  marriage  of  conscience 
imports  the  promise  and  grave  obligation  of  observing  the  secret 
on  the  part  of  the  assisting  priest,  of  the  witnesses,  of  the  Ordi- 
nary and  his  successors,  and  also  of  the  contracting  parties  as 
long  as  one  of  the  partners  does  not  consent  to  the  publication. 
(Canon  1105.) 

•549.  This  promise  of  secrecy  on  part  of  the  Ordinary  does 
not  bind  him  in  cases  where  the  keeping  of  the  secret  should 
cause  scandal  or  grave  injury  to  the  sanctity  of  marriage,  or 
when  the  parties  do  not  have  their  children  baptized,  or  give  ficti- 
tious names  to  hide  their  parenthood,  unless  they  give  their  true 
names  to  the  Ordinary  within  thirty  days  from  the  birth  and 
baptism  of  the  child,  or,  finally,  when  they  neglect  the  Catholic 
education  of  their  children.  (Canon  1106.) 

950.  The  marriage  of  conscience  is  not  to  be  entered  in 
the  ordinary  records  of  marriage  and  Baptism,  but  is  to  be  kept 
in  the  secret  archives  of  the  Curia.  (Canon  1107.) 


226  THE   NEW    CANON   LAW 

CHAPTER  VIII. 
Time  and  Place  of  Marriage. 

951.  Marriage  may  be  contracted  any  time  of  the  year. 
The   solemn   nuptial   blessing   only   of   marriage   is    forbidden 
from  the  first  Sunday  in  Advent  to  Christmas,  inclusively, 
and  from  Ash  Wednesday  to   Easter   Sunday,  inclusively. 
The  bishop  may  permit  marriage  in  these  seasons  for  a  good 
reason,  even  with  the  nuptial  blessing,  as  decided  by  S.  R.  C. 
June  14,  1918,  but  the  parties  must  refrain  from  too  much 
pomp.     (Canon  1108.) 

952.  The  marriage  between  Catholics  shall  be  contracted  in 
the  parish  church;  in  another  church,  public  or  semi-public  ora- 
tory, it  cannot  take  place  without  the  permission  of  either  bishop 
or  pastor. 

In  private  houses  the  bishop  may  not  permit  the  celebration 
of  marriage  except  in  some  extraordinary  case  and  for  good 
reasons.  In  the  churches  or  chapels  of  seminaries  or  of  re- 
ligious women,  the  Ordinary  should  not  allow  the  celebration 
of  marriage  except  in  urgent  necessity  and  with  due  precautions. 

Marriages  between  a  Catholic  and  a  non-Catholic  shall  be 
contracted  outside  the  church.  If,  however,  the  bishop  judges 
that  this  rule  cannot  be  insisted  upon  without  causing  other 
greater  evils,  it  is  left  to  his  judgment  to  allow  the  marriage  to 
take  place  in  the  church  but  without  Holy  Mass,  as  Canon  1102, 
§2  rules.  (Canon  1109.) 

CHAPTER  IX. 

Consequences  of  Marriage. 

953.  From  valid  marriage  there  arises  between  the  married 
couple  a  bond  perpetual  and  exclusive  in  its  very  nature.    Chris- 
tian marriage,   moreover,   gives   to   the  parties   who   place   no 
obstacle  to  it  the  grace  of  the  Sacrament.     (Canon  1110.) 

954.  Either  of  the  married  parties  possess,  from  the  mo- 
ment the  contract  has  been  concluded,  equal  rights  and  duties 
concerning  the  actions  proper  to  conjugal  life.     (Canon  1111.) 

955.  Unless  the  special  law  rules  otherwise,  the  wife  shares 
in  the  state  of  her  husband,  as  far  as  canonical  effects  are  con- 
cerned.    (Canon  1112.) 

956.  The  parents  are  bound  by  a  most  serious  obligation 


SEPARATION  OF  MARRIED  PEOPLE  227 

to  provide  to  the  best  of  their  ability  for  the  religious  and  moral 
as  well  as  the  physical  and  civil  education  of  their  children,  and 
to  care  for  their  temporal  wellbeing.  (Canon  1113.) 

957.  Legitimate  children  are  those  conceived  or  born  in 
valid  marriage,  or  in  marriage  contracted  in  good  faith  though 
invalidly.     If  married  people  make  solemn  profession  in  a  Re- 
ligious Order,  or  if  the  husband  receive  major  orders,  the  use 
of  marriage  is  forbidden  to  them,  and  if  by  intercourse  after 
such  profession  or  ordination  a  child  is  conceived  and  born, 
it  is  not  considered  legitimate.     (Canon  1114.) 

958.  As  the  father  of  a  child  is  considered  he  who  appears 
to  be  such  by  lawful  marriage,  unless  there  are  evident  argu- 
ments to  prove  the  contrary. 

The  children  who  are  born  at  least  six  months  after  the 
date  of  marriage,  or  within  ten  months  from  the  dissolution  of 
conjugal  life,  are  in  law  presumed  legitimate.  (Canon  1115.) 

959.  By  a  subsequent  marriage  contracted  validly,  or  in 
good  faith,  or  by  validation  of  marriage,  though  not  consummated 
by  conjugal  intercourse,  offspring  is  legitimized,  if  the  parents 
were  capable  to  contract  marriage  with  each  other  either  at  the 
time  of  conception,  or  pregnancy,  or  birth.     (Canon  1116.) 

960.  Children  legitimized  by  subsequent  marriage  are,  as 
far  as  canonical  effects  are  concerned,  held  equal  in  all  things  to 
legitimate  offspring,  unless  the  Canons  explicitly  make  an  excep- 
tion.    (Canon  1117.) 

CHAPTER  X. 
Separation  of  Married  People. 

Article  I.    Dissolution  of  the  Marriage  Bond. 

961.  The  valid  marriage  of  Christians,  consummated  by 
the  conjugal  act,  cannot  be  dissolved  by  any  human  authority  for 
any  reason;  death  alone  can  dissolve  the  bond.     (Canon  1118.) 

962.  Non-consummated  marriage  between  baptized  persons, 
or  between  a  baptized  and  an  unbaptized,  is  dissolved  by  law 
through  solemn  religious  profession,  as  well  as  by  dispensation 
of  the  Holy  See,  granted  for  a  good  reason  at  the  request  of 
either  or  both  parties,  or  of  one  of  them  even  though  the  other 
objects.     (Canon  1119.) 


THE  NEW  CANON  LAW 

963.  The  valid  marriage  of  unbaptized  persons,  though 
consummated,  is  dissolved  in  favor  of  the  faith  by  the  Pauline 
privilege. 

This  privilege  cannot  be  applied  in  a  marriage  between  a 
Catholic  and  an  unbaptized  person  if  contracted  with  the  dis- 
pensation from  the  disparity  of  cult.  (Canon  1120.) 

964.  Before  the  converted  and  baptized  party  can  validly 
contract  a  new  marriage,  he  must  first  interpellate  the  unbaptized 
party.     Canon  1 125  contains  some  exceptions  to  this  rule.     The 
interpellation  consists  in  this  that  the  convert  is  to  ask   (1) 
whether  also  the  other  party  wishes  to  be  converted  and  baptized, 
(2)  in  case  the  other  party  does  not  wish  to  be  baptized,  whether 
he,  or  she,  is  willing  to  live  in  marriage  without  offense  to  God, 
which  is  to  say  that  he,  or  she,  will  not  interfere  with  the  religi- 
ous obligations  of  the  convert. 

These  interpellations  must  always  be  made,  unless  the  Holy 
See  has  decreed  otherwise.  (Canon  1121.) 

965.  The  interpellations  should  as  a  rule  be  made  in  sum- 
mary and  extrajudicial  form  with  the  authority  of  the  Ordinary 
of  the  converted  party,  who  is  also  entitled  to  grant  the  unbap- 
tized party  at  his,  or  her,  request  a  certain  length  of  time  to 
reflect  before  making  answer,  with  the  notification,  however,  that 
failure  to  answer  within  the  specified  time  will  be  taken  as  a 
reply  in  the  negative. 

Interpellations  made  privately  by  the  converted  party  itself 
are  also  valid,  and  also  licit,  if  the  above  mentioned  form  cannot 
be  observed ;  but  in  this  cace  there  must  be  proof  of  the  interpella- 
tion by  at  least  two  witnesses  or  by  other  proof  acknowledged  in 
law.  (Canon  1122.) 

966.  If  the  interpellations  were  omitted  by  permission  of 
the  Holy  See,  or  if  the  unbaptized  party  should  have  given  either 
explicitly  or  tacitly  an  answer  in  the  negative,  the  baptized  party 
has  the  right  to  contract  a  new  marriage  with  a  Catholic,  unless 
after  Baptism  he  gave  the  unbaptized  just  cause  for  separation. 
(Canon  1123.) 

967.  The  convert  who  after  Baptism  lived  again  in  mar- 
riage with  the  unbaptized  party  does  not  thereby  forfeit  the  right 
to  enter  upon  a  new  marriage  with  a  Catholic,  wherefore  he 
can  make  use  of  his  right,  if  the  unbaptized  party  does  after- 
wards change  his  mind,  and,  without  the  fault  of  the  other  party, 


SEPARATION  OF  MARRIED  PEOPLE  229 

separates,  or  does  not  live  peacefully  and  without  injury  to  the 
religious  obligations  of  the  converted  Catholic.     (Canon  1124.) 

968.  The  Constitutions  of   Pope   Paul   III.:   "Altitude/' 
June  1,  1537;  of  Pope  St.  Pius  V. :  "Romani  Pontificis,"  Aug.  2, 
1571;  of  Pope  Gregory  XIII.:  "Populis"  Jan.  25,  1585,  given 
to  individual  countries,  are,  as  far  as  marriage  is  concerned, 
extender1  to  all  other  countries  in  the  same  circumstances.     The 
passages  of  these  constitutions  referring  to  marriage  are  given  in 
the  appendix  of  the  Code. 

The  constitution  "Altitude"  refers  to  marriages  of  heathens 
who  practice  polygamy.  The  text  seems  to  suppose  that  the 
husband  as  well  as  his  several  wives  were  all  converted.  If  he 
remember  not  which  was  the  first  one  he  married,  he  shall  take 
any  one  of  them  and  contract  marriage  with  her;  if  he  remember 
which  woman  he  married  first,  he  shall  dismiss  the  others  and 
continue  to  live  with  the  first.  Dispensation  is  granted  the  con- 
verted heathens  to  marry,  notwithstanding  consanguinity,  or 
affinity  in  the  third  degree. 

The  constitution  "Romani  Pontificis"  deals  with  a  case  where 
a  heathen  has  taken  and  dismissed  several  wives  and  married 
others.  Finally  he  is  converted  and  one  of  the  wives  he  actually 
has  is  also  converted.  His  first  and  only  lawful  wife  has  either 
been  dismissed  by  him,  or,  if  he  still  lives  with  her,  it  was  not 
she  that  became  a  Catholic  but  one  of  the  other  wives.  The  Holy 
See  allows  that  the  man  may  continue  to  live  in  marriage  with  the 
one  who  became  converted.  Here  dispensation  is  granted  from 
the  interpellation. 

The  constitution  "Populis"  gives  faculties  to  the  bishops, 
pastors,  and  priests,  of  the  Society  of  Jesus  to  dispense  from  the 
interpellation  in  the  cases  of  converts  in  Angola,  Ethiopia,  Brazil, 
and  regions  of  India,  who  before  Baptism  were  married  and 
whose  partners  in  marriage  were  carried  off  into  slavery,  or 
otherwise  separated,  so  that  they  could  not  easily  be  interpellated, 
or,  if  interpellated,  did  not  reply  within  the  time  fixed  for  the 
answer,  so  that  they  may  lawfully  marry  a  Catholic  of  any  Rite. 
If  afterwards  it  should  become  known  that  the  other  party  had 
become  a  Catholic  by  the  time  the  second  marriage  took  place,  or 
that  he  had  had  no  chance  to  reply  to  the  interpellation,  the 
second  marriage  is  nevertheless  to  be  considered  firm  and  valid. 
(Canon  1125.) 

969.  The  bond  of  the  first  marriage  contracted  in  infinity 


230  THE  NEW  CANON  LAW 

is  solved  only  when  the  converted  party  actually  contracts  a  new 
and  valid  marriage.     (Canon  1126.) 

970.  In  doubtful  cases  the  Pauline  privilege  enjoys  the 
favor  of  law.     (Canon  1127.) 

Article  II.    Separation  from  Bed  and  Board. 

971.  The  married  couple  is  obliged  to  live  together  in 
conjugal  relations,  unless  a  just  cause   frees  them   from  this 
obligation.     (Canon  1128.) 

972.  For  reason  of  adultery  of  one  party,  the  other  has 
the  right  to  solve  even  for  all  times  the  community  of  life, 
though  the  marriage  bond  remains,  unless  the  other  consented  to 
the  crime,  or  was  the  cause  of  it,  or  expressly,  or  tacitly,  con- 
doned it,   or,   finally,   committed  the   same   crime  himself,   or 
herself. 

Tacit  condoning  of  the  crime  consists  in  this  that  the  inno- 
cent party,  after  having  become  certain  of  the  crime,  nevertheless 
continues  to  live  with  the  other  in  marital  relations ;  such  the  law 
presumes  to  be  the  case,  unless  the  innocent  party  within  six 
months  either  expel  or  leave  the  guilty  partner,  or  bring  legal 
accusation  against  him,  or  her.  (Canon  1129.) 

973.  The  married  person  who,  either  upon  sentence  of  the 
judge,  or  by  his  or  her  own  authority  lawfully  leaves  the  guilty 
party,  has  no  longer  obligation  to  again  admit  the  adulterer 
to  conjugal  life;  the  innocent  party,  however,  has  the  right  to 
admit  the  guilty  partner,  and  to  oblige  him,  or  her,  to  return, 
unless  he  or  she  has  in  the  meantime,  with  the  consent  of  the 
innocent  party,  embraced  a  state  of  life  contrary  to  marriage. 
(Canon  1130.) 

974.  Other  reasons  for  separation :  if  one  party  joins  a  non- 
Catholic  sect ;  or  educates  the  offspring  as  non-Catholics ;  or  leads 
a  criminal  and  despicable  life;  or  creates  great  bodily  or  spiritual 
danger  to  the  other  party;  or  if  through  cruelties  he  or  she 
makes  living  together  too  difficult,  and  other  such  reasons,  which 
are  to  the  innocent  party  so  many  legal  causes  to  leave  the 
guilty  party  by  authority  of  the  Ordinary  of  the  diocese,  or  also 
by  private  authority,  if  the  guilt  of  the  other  party  is  certain 
beyond  doubt,  and  there  is  danger  in  delay. 

In  all  these  cases  the  common  life  must  be  restored  when 
the  reason  for  the  separation  ceases;  if,  however,  the  separation 


VALIDATION  OF  MARRIAGE  231 

was  pronounced  by  the  bishop  either  for  a  time,  or  indefinitely, 
the  innocent  party  is  not  obliged  to  return  except  when  the  time 
specified  has  elapsed  or  the  bishop  gives  orders  to  return.  (Canon 
1131.) 

975.  After  the  separation,  the  children  are  to  be  placed  in 
charge  of  the  innocent  party,  and  if  one  of  the  parties  is  a  non- 
Catholic  the  Catholic  party  is  to  have  charge  over  them,  that  they 
may  be  raised  as  Catholics,  unless  the  Ordinary  decides  differ- 
ently for  the  sake  of  the  welfare  of  the  children,  always  safe- 
guarding their  Catholic  education.     (Canon  1132.) 

CHAPTER  XL 

Validation  of  Marriage. 

Article  I.     Simple  Validation. 

976.  In  order  to  validate  a  marriage  which  is  invalid  on 
account  of  some  diriment  impediment,  there  is  required  either 
that  the  impediment  ceases  or  is  dispensed,  and  that  at  least  the 
party  conscious  of  the  impediment  renews  the  consent. 

This  renewal  of  consent  is  required  by  ecclesiastical  law  for 
validity  of  the  marriage,  although  in  the  beginning  both  parties 
gave  their  consent  and  did  not  afterwards  revoke  it.  (Canon 
1133.) 

977.  The  renewal  of  consent  must  be  a  new  act  of  the  will 
for  the  marriage  that  is  known  to  have  been  invalid  from  the 
beginning.     (Canon  1134.) 

978.  If  the  impediment  is  public,   the  consent  must  be 
renewed  by  both  parties,  in  the  form  prescribed  by  law. 

If  it  is  occult  and  known  to  both  parties,  it  suffices  that  the 
consent  be  renewed  privately  and  secretly  by  both  parties. 

If  it  is  occult  and  known  only  to  one  party,  it  suffices  that 
the  party  who  knows  of  the  impediment,  privately  and  secretly 
renews  the  consent,  provided  the  other  party  continues  in  its  con- 
sent. (Canon  1135.) 

979.  Marriage  which  is  invalid  on  account  of  want  of  con- 
sent is  validated  if  the  party  which  did  not  consent  does  now  give 
the  consent,  provided  the  consent  of  the  other  party  perseveres. 

If  the  defect  of  consent  was  merely  internal,  it  is  sufficient 
that  the  party  who  did  not  consent  now  gives  consent  by  an 
internal  act. 


232  THE  NEW  CANON  LAW 

If  the  want  of  consent  was  manifested  also  outwardly  it  is 
necessary  to  renew  the  consent  outwardly,  either  in  the  form  pre- 
scribed by  law,  in  case  the  want  of  consent  was  public,  or  in 
some  private  and  secret  but  outward  manner  if  the  want  of  con- 
sent was  occult.  (Canon  1136.) 

980.  Marriage   which   is   null   and   void   on   account   of 
the  want  of  the  prescribed  form,  must  be  validated  by  contracting 
in  the  form  required  by  law.     (Canon  1 137. ) 

Article  II.     Sanatio  in  Radice. 

981.  The  sanatio  in  radice  of  marriage  is  its  validation 
which  imports,  besides  a  dispensation  from,  or  a  cessation  of,  an 
impediment,  a  dispensation  from  the  law  of  renewing  the  consent, 
and  a  retro-action,  by  fiction  of  law,  in  reference  to  the  canonical 
effects  in  the  past  state  while  the  union  was  invalid. 

The  validation  takes  place  at  the  moment  of  granting  of  this 
favor.  The  retro-action,  however,  is  to  be  understood  to  reach 
back  to  the  beginning  of  the  marriage,  unless  it  is  expressly  stated 
otherwise  in  the  rescript. 

The  dispensation  from  the  law  of  renewing  the  consent  can 
be  given  if  one  only  or  both  parties  are  ignorant  of  the  impedi- 
ment. (Canon  1138.) 

982.  Any  marriage  contracted  with  the  consent  of  both 
parties  which  would  naturally  suffice,  but  which  consent  is  juridi- 
cally ineffective  on  account  of  a  diriment  impediment  of  ecclesias- 
tical law,  or  on  account  of  want  of  the  prescribed  form,  can  be 
validated  by  the  sanatio  in  radice,  provided  the  consent  per- 
severes. 

Marriage  contracted  under  an  impediment  of  the  natural 
or  the  Divine  law  is  not  validated  by  the  Church  by  means  of  the 
sanatio  in  radice,  though  the  impediment  should  have  ceased  after- 
wards, not  even  from  the  moment  of  the  cessation  of  the  impedi- 
ment. (Canon  1139.) 

983.  If  either  in  both  or  in  one  party  consent  has  ceased  to 
exist,  the  marriage  cannot  be  validated  by  the  sanatio  in  radice, 
and  this  is  true  both,  in  case  there  was  no  consent  from  the 
beginning,  and  also  when  it  was  first  given  and  then  revoked. 

If  consent  was  wanting  in  the  beginning  but  was  given  later 
on,  the  sanatio  in  radice  can  be  applied  from  the  moment  that 
consent  was  given.  (Canon  1140.) 


SECOND  MARRIAGE  233 

984.  The  sanatio  in  radice  can  be  granted  by  the  Holy  See 
alone.     (Canon  1141.) 

CHAPTER  XII. 
Second  Marriage. 

985.  Though  chaste  widowhood  is  more  honorable,  second 
and  further  marriages  are  valid  and  licit,  provided  that,  according 
to  Canon  1069,  §2,  the  dissolution  of  the  first  marriage  is  proved. 
(Canon  1142.) 

986.  The  woman  who  received  the  nuptial  blessing  once, 
cannot   in  a   subsequent  marriage   again   receive   it.     (Canon 
1143.) 

TITLE  VIII. 

The  Sacramentals. 

987.  Sacramentals  consist  of  sacred  objects  and  actions 
which  the  Church,  in  imitation  of  the  Sacraments  to  a  certain 
extent,  makes  use  of  for  the  purpose  of  obtaining  by  her  interces- 
sion favors,  especially  spiritual  ones.      (Canon  1144.) 

988.  The  Holy  See  alone  has  the  right  to  constitute  new 
Sacramentals,   authentically   interpret  those   in  use,  abolish   or 
modify  any  of  them.     (Canon  1145.) 

989.  The  legitimate  minister  of  the  Sacramentals  is  the 
cleric  who  has  received  faculty  to  bestow  them,  and  who  has  not 
been  forbidden  by  the  competent  ecclesiastical  authority  to  exer- 
cise this  faculty.     (Canon  1146.) 

990.  Consecrations  no  one  can  validly  perform  who  is  not 
a  consecrated  bishop,  unless  this  faculty  is  given  one  either  by 
law  or  by  indult  of  the  Holy  See. 

Benedictions,  with  the  exception  of  those  reserved  either 
to  the  Roman  Pontiff,  or  the  bishop,  or  others,  may  be  given  by 
any  priest. 

A  reserved  benediction  given  by  a  priest  without  the  neces- 
sary faculty,  is  illicit  but  valid,  unless  in  the  reservation  the 
Holy  See  explicitly  states  that  it  cannot  validly  be  given  except 
by  those  to  whom  it  is  reserved  or  by  those  having  special  facul- 
ties. 

Deacons  and  lectors  can  validlv  and  licitly  give  onlv  those 
blessings  which  are  explicitly  permitted  to  them  by  law.  ( Canon 
1147.) 


234  THE  NEW  CANON  LAW 

991.  In  the  preparation  and  administration  of  the  sacra- 
mentals  the  rites  prescribed  by  the  Church  must  be  accurately  ob- 
served. 

Consecrations  and  blessings,  both  constitutive  and  invocative, 
are  invalid  if  the  formula  prescribed  by  the  Church  is  not  em- 
ployed. (Canon  1148.)  Invocative  benedictions  are  those  by 
which  God's  blessing  is  called  upon  a  person,  object  or  place, 
e.  g.  blessing  of  infant,  of  edibles,  of  a  house;  constitutive  are 
those  benedictions  which  render  a  person,  object  or  place  sacred, 
e.  g.  blessing  of  an  abbot,  church,  sacred  vessels. 

992.  Blessings  are,  first  of  all,  to  be  given  to  Catholics ;  they 
may  also  be  given  to  catechumens,  and,  where  there  is  no  prohibi- 
tion of  the  "Church,  also  to  non-Catholics  to  obtain  the  light  of 
faith  and  together  with  it  bodily  health.     (Canon  1149.) 

993.  Consecrated  objects,  and  objects  rendered  sacred  by 
blessing,  must  be  treated  with  reverence,  and  they  are  not  to  be 
used  for  profane  purposes  nor  for  purposes  for  which  they  are 
not  intended,  though  these  objects  be  owned  by  private  indi- 
viduals.    (Canon  1150.) 

994.  No  one  who  has  the  power  to  pronounce  exorcisms 
can  lawfully  read  them  over  those  possessed  unless  he  has  re- 
ceived special  and  explicit  permission  from  the  bishop. 

This  faculty  should  be  granted  by  the  bishop  only  to  a  priest 
who  is  distinguished  for  prudence  and  holiness  of  life.  The 
priest  shall  not  pronounce  the  exorcism  until  he  has  ascertained 
by  prudent  investigation  that  the  person  is  really  possessed  by 
the  devil.  (Canon  1151.) 

995.  Exorcisms  can  be  pronounced  by  the  authorized  min- 
isters not  only  over  the  faithful  but  also  over  catechumens,  over 
non-Catholics  and  excommunicated  persons.     (Canon  1152.) 

996.  The  exorcisms  which  occur  in  Baptism  and  in  conse- 
crations and  blessings  may  be  pronounced  by  the  very  same  min- 
isters who  have  the  right  to  employ  these  sacred  rites.     (Canon 
1153.) 

PART  II. 

SACRED  PLACES  AND  SEASONS. 
SECTION  I. 

Sacred  Places. 

997.  Sacred  places  are  those  which  are  blessed  or  conse- 
crated either  for  Divine  worship  or  for  the  burial  of  the  faithful, 


CHURCHES  235 

according  to  the  rites  prescribed  by  the  approved  liturgical  books. 
(Canon  1154.) 

998.  The  consecration  of  any  place,  though  it  belong  to  the 
regulars,  pertains  to  the  Ordinary  of  the  diocese  or  territory 
where  such  place  is  situated,  provided  the  Ordinary  has  episco- 
pal consecration;  the  vicar  general  needs  a  special  mandate  of 
the  bishop.    Cardinals  have  the  privilege  to  consecrate  the  church 
and  altars  of  their  title. 

The  Ordinary  of  the  territory,  though  not  possessed  of  epis- 
copal dignity,  may  give  faculty  to  any  bishop  of  the  same  Rite  to 
perform  consecrations  in  his  territory.  (Canon  1155.) 

999.  The  right  to  bless  a  sacred  place  belongs  to  the  Ordi- 
nary of  the  place  if  there  is  question  of  places  belonging  to  the 
secular  clergy,  or  to  non-exempt  religious,  or  to  exempt  lay  Or- 
ders; if  it  is  a  place  belonging  to  a  clerical  exempt  religious 
body  the  major  superior  has  the  right  to  bless  the  place ;  both  the 
Ordinary  of  the  diocese  and  the  major  superior  may  delegate 
another  priest  for  the  blessing.     (Canon  1156.) 

1000.  Notwithstanding  any  privilege,  nobody  may  conse- 
crate or  bless  a  sacred  place  without  the  consent  of  the  Ordinary. 
(Canon  1157.) 

1001.  A  document  of  consecration  or  blessing  shall  be 
drawn  up,  one  copy  to  be  kept  in  the  episcopal  Curia,  another  in 
the  archives  of  the  respective  church.     (Canon  1158.) 

1002.  The  consecration  or  blessing  of  any  place  is  proved 
sufficiently  by  one  absolutely  trustworthy  witness,  if  nobody  else's 
rights  are  thereby  injured. 

If  there  is  legal  proof  of  consecration  or  blessing,  neither 
can  be  given  again;  in  doubtful  cases  they  may  be  repeated  ad 
cautclam.  (Canon  1159.) 

1003.  The  sacred  places  are  exempt  from  the  jurisdiction 
of  the  civil  authorities,  and  in  them  the  legitimate  ecclesiastical 
authority  freely  exercises  its  jurisdiction.     (Canon  1160.) 

TITLE  IX. 

Churches. 

1004.  By  the  term  church  is  meant  a  sacred  building  dedi- 
cated to  Divine  worship,  principally  for  the  purpose  that  it  serve 
all  the  faithful  for  the  exercise  of  public  worship.     (Canon 
1161.) 


236  THE  NEW  CANON  LAW 

1005.  No  church  shall  be  erected  without  explicit  permis- 
sion in  writing  from  the  Ordinary,  which  permission  or  consent 
the  vicar  general  cannot  give  without  a  special  mandate. 

The  Ordinary  shall  not  give  his  consent  unless  he  prudently 
foresees  that  the  necessary  means  for  the  building  and  main- 
tenance of  the  new  church,  for  the  support  of  the  necessary  min- 
isters and  the  expenditures  of  the  cult,  will  not  be  wanting. 

In  order  that  the  new  church  may  not  injure  churches  al- 
ready established  without  proportionate  spiritual  benefit  of  the 
faithful,  the  Ordinary  before  giving  consent  for  the  building  of 
a  new  church  shall  hear  the  rectors  of  neighboring  churches  who 
are  concerned.  Canon  1676  gives  to  the  parties  who  think  them- 
selves injured  by  the  erection  of  a  new  church  or  other  institution 
the  right  to  object,  and  from  the  moment  protest  is  made  ope- 
rations must  come  to  a  stop  until  a  decision  has  been  reached  in 
the  ecclesiastical  court. 

Religious  who  have  obtained  permission  from  the  Ordinary 
to  establish  themselves  in  the  diocese  or  in  a  city,  must,  before 
they  build  a  public  oratory  or  church,  obtain  approval  of  the 
location  from  the  bishop.  (Canon  1162.) 

1006.  The  blessing  and  laying  of  the  cornerstone  of  a 
church  belongs  either  to  the  Ordinary  or  to  the  major  religious 
superior,  the  same  as  the  blessing  of  a  sacred  place,  according  to 
Canon  1156.     (Canon  1163.) 

1007.  The  Ordinaries  should  take  care  to  have  the  churches 
built  acording  to  the  approved  traditions  of  ecclesiastical  archi- 
tecture, and  in  conformity  with  the  laws  of  sacred  art. 

In  a  church  there  must  be  no  door  or  window  opening  into 
a  house  of  lay  persons.  The  space  in  the  basement  or  above  the 
church  shall  not  be  used  for  purely  profane  purposes.  (Canon 
1164.) 

1008.  Divine  worship  cannot  be  held  in  a  new  church  be- 
fore it  has  been  solemnly  consecrated,  or  at  least  blessed. 

If  it  can  be  foreseen  that  the  church  will  be  converted  to 
profane  purposes,  the  Ordinary  should  not  give  his  consent  for 
the  building  of  the  same,  and  if  it  has  already  been  built,  he  shall 
neither  consecrate  nor  bless  it. 

The  solemn  consecration  ought  to  be  given  to  cathedral 
churches  and,  as  far  as  possible,  to  collegiate,  religious  and  pa- 
rochial churches. 


CHURCHES  237 

A  church  built  of  wood,  or  of  iron  or  other  metal,  may  be 
blessed  but  it  cannot  be  consecrated. 

The  altar  may  be  consecrated  without  consecration  of  the 
church.  In  the  consecration  of  a  church,  at  least  the  major  altar, 
and  if  it  was  already  consecrated  previously,  another  altar,  must 
be  consecrated  in  the  ceremony  of  its  consecration.  (Canon 
1165.) 

1009.  The  consecration  of  churches  may  be  held  any  day. 
Sundays  and  holidays  of  obligation,  however,  are  more  becoming 
for  this  ceremony. 

The  consecrating  bishop  and  those  who  ask  for  the  conse- 
cration must  observe  the  fast  the  day  before  the  consecration. 

When  the  church  or  an  altar  is  consecrated,  the  officiating 
bishop,  though  he  has  no  jurisdiction  in  the  territory,  concedes  an 
indulgence  of  one  year  to  those  who  visit  the  church  or  the  altar 
on  the  day  of  consecration,  and  on  the  anniversary  fifty  days  if 
a  bishop  consecrates,  one  hundred  days  if  an  archbishop,  two  hun- 
dred days  if  a  Cardinal.  (Canon  1166.) 

1010.  The  feast  of  the  consecration  of  a  church  is  to  be 
kept  annually  according  to  the  liturgical  laws.     (Canon  1167.) 

1011.  Each  church  which  is  either  blessed  or  consecrated 
shall  have  its  title,  which  it  is  forbidden  to  change  afterwards. 

The  feast  also  of  the  title  of  the  church  is  to  be  observed 
each  year,  according  to  the  liturgical  laws. 

Churches  cannot  be  dedicated  in  honor  of  beatified  persons 
without  permission  of  the  Holy  See.  (Canon  1168.) 

1012.  It  is  desirable  that  each  church  have  bells,  by  which 
the  faithful  may  be  invited  to  Divine  worship  and  other  religious 
celebrations. 

The  church  bells  must  be  either  consecrated  or  blessed,  ac- 
cording to  the  Rite  of  the  approved  liturgical  books. 

The  use  of  the  church  bells  is  exclusively  under  the  juris- 
diction of  the  authorities  of  the  Church. 

With  the  exception  of  conditions  stipulated  by  the  donor  of  a 
church  bell  with  approval  of  the  Ordinary,  the  bells  must  not  be 
rung  for  merely  profane  purposes,  except  in  case  of  necessity,  or 
with  the  permission  of  the  Ordinary,  or  in  accordance  with  legiti- 
mate custom. 

In  reference  to  the  consecration  or  the  blessing  of  church 


238  THE  NEW  CANON  LAW 

bells,  the  rules  of  Canons  1155  and  1156  shall  be  observed. 
(Canon  1169.) 

1013.  The  church  does  not  lose  its  consecration  or  blessing 
unless  it  was  totally  destroyed,  or  the  larger  part  of  the  walls  col- 
lapsed, or  it  was  reduced  to  profane  purposes  by  authority  of  the 
Ordinary,  as  provided  by  Canon  1 187.    ( Canon  1 170. ) 

1014.  In  the  sacred  edifice  which  has  been  legitimately 
blessed  all  ecclesiastical  rites  may  be  performed,  safeguarding  the 
rights  of  parochial  churches,  and  rights  acquired  by  privilege,  and 
legitimate  customs.     The  Ordinary  may  especially  fix  the  hours 
for   Divine  worship  that  they  may  not   interfere   with  other 
churches.     In  churches  of  exempt  religious  the  bishop  may  not 
fix  the  hours  for  services,  except  in  cases  where  the  religious  have 
no  parish  church  and  their  services  might  interfere  with  the 
catechetical  and  Gospel  instructions  in  the  parish  church  of  the 
place.     (Canon  1171.) 

1015.  Churches  are  desecrated  only  by  the  crimes  here 
enumerated,  if  they  are  certain,  notorious,  and  committed  in  the 
church  itself:  (1)  the  crime  of  homicide;  (2)  sinful  shedding  of 
blood  in  considerable  quantity;  (3)  godless  and  sordid  purposes 
for  which  the  church  was  used;  (4)  burial  of  an  infidel,  or  of  a 
person  excommunicated  by  condemnatory  or  declaratory  sen- 
tence. 

If  the  church  is  desecrated,  the  cemetery  adjoining  the 
church  is  not  thereby  desecrated,  and  vice  versa.  (Canon  1172.) 

1016.  In  a  desecrated  church  it  is  forbidden  to  hold  Divine 
worship,  to  administer  the  Sacraments  and  to  have  funeral  ser- 
vices before  it  is  reconciled. 

If  the  desecration  happens  during  Divine  services  they  shall 
immediately  be  discontinued;  if  during  Holy  Mass,  before  the 
beginning  of  the  canon  or  after  the  communion,  Mass  must  be 
discontinued  at  once,  otherwise  the  priest  shall  continue  until  the 
communion.  (Canon  1173.) 

1017.  The  desecrated  church  shall  be  reconciled  as  soon  as 
possible  with  the  sacred  ceremonies  prescribed  in  the  approved 
liturgical  books. 

If  the  desecration  of  the  church  is  doubtful,  it  may  be  recon- 
ciled ad  cantelam.  (Canon  1174.) 

1018.  A  church  which  has  been  desecrated  by  the  burial  of 
an  excommunicated  or  of  an  unbaptized  person,  shall  not  be  re- 


CHURCHES  239 

conciled  before  the  body  is  removed,  if  the  removal  can  be  accom- 
plished without  grave  inconvenience.     (Canon  1175.) 

1019.  A  church  that  is  blessed  can  be  reconciled  by  its  rec- 
tor, or  by  any  other  priest  with  at  least  the  presumed  permission 
of  the  rector. 

The  reconciliation  of  a  consecrated  church  belongs  to  either 
the  bishop  or  the  major  religious  superior,  according  to  Canon 
1156. 

In  case  of  grave  and  urgent  necessity,  if  the  bishop  cannot 
be  approached,  the  rector  of  a  consecrated  church  may  reconcile 
it,  notifying  the  Ordinary  afterwards.  (Canon  1176.) 

1020.  The  reconciliation  of  a  blessed  church  can  be  done 
with  ordinary  holy  water.     The  reconciliation,  however,  of  a 
consecrated  church  is  to  be  done  with  holy  water  specially  blessed 
for  that  purpose  with  the  ceremonies  prescribed  by  the  liturgical 
laws;  it  may  be  blessed  not  only  by  the  bishop  but  also  by  the 
priest  who  reconciles  the  church.    (Canon  1 177.) 

1021.  All  persons  concerned  must  see  to  it  that  such  clean- 
liness is  observed  in  church  as  is  becoming  to  the  house  of  God. 
Business  transactions  and  fairs  and  sales,  though  held  for  a  pious 
purpose,  shall  be  kept  away  from  the  church,  and,  in  general, 
everything  that  is  not  in  accordance  with  the  sanctity  of  the  place. 
(Canon  1178.) 

1022.  The  churches  enjoy  the  right  of  refuge,  so  that  a 
criminal  who  has  fled  into  it  may,  except  in  urgent  necessity,  not 
be  taken  out  of  it  without  the  permission  of  the  Ordinary,  or  at 
least  of  the  rector  of  the  church.     (Canon  1179.) 

1023.  The  title  of  Basilica  cannot  be  given  to  any  church 
except  by  Apostolic  indult,  or  by  immemorial  custom,  and  its 
privileges  likewise  are  derived  either  from  custom  or  from  indult 
of  the  Holy  See.     (  Canon  1 180. ) 

1024.  The  admission  to  the  sacred  functions  in  church 
must  be  absolutely  gratuitous,  all  contrary  custom  being  disap- 
proved.   (Canon  1181.) 

1025.  The  administration  of  goods  intended  for  repairs 
and  decoration  of  the  church,  and  conducting  of  services,  be- 
longs, with  the  exception  of  special  cases  and  privileges,  to  the 
Ordinary  together  with  the  Chapter  if  there  is  question  of  the 
cathedral  church,  but  to  the  collegiate  Chapter  if  the  church  is 
collegiate ;  and  to  the  rector  in  the  case  of  other  churches.  Canons 


240  THE  NEW  CANON  LAW 

1519-1528  concerning  the  administration  of  church  property  must 
likewise  be  observed. 

The  offerings  made  for  the  benefit  of  the  parish,  or  the  mis- 
sion, or  a  church  situated  within  the  limits  of  the  parish  or 
mission,  are  administrated  by  the  pastor  of  the  church  or  by  the 
rector  of  the  mission,  unless  there  is  question  of  churches  which 
have  an  administration  of  their  own,  distinct  from  that  of  the 
parish  or  mission,  or  the  special  law  or  legal  custom  rule 
differently. 

The  pastor,  missionary,  rector  of  a  church,  both  secular 
and  religious,  must  administrate  the  offerings  in  accord  with 
the  regulations  of  the  sacred  Canons  and  give  account  thereof 
to  the  Ordinary  of  the  place,  as  provided  by  Canon  1525. 
(Canon  1182.) 

1026.  If  others,  either  clerics  or  laymen,  are  admitted  to 
the  administration  of  the  goods  of  any  church,  they  shall  all 
act  as  an  administrative  council  under  the  presidency  of  the 
ecclesiastical  administrator,  mentioned  in  the  preceding  Canon, 
or  his  delegate. 

The  members  of  the  administrative  board  are  to  be  chosen 
by  the  Ordinary  or  his  delegate,  unless  special  laws  provide 
otherwise,  and  they  can  be  removed  by  him  for  a  grave  reason. 
(Canon  1183.) 

1027.  The  administrative  council  is  to  care  for  the  proper 
administration  of   the  church   revenues,   according  to   Canons 
1522  and  1523,  but  they  may  not  interfere  in  any  way  in  all 
those  things  that  belong  to  the  spiritual  care  of  the  parish, 
especially : 

1.  the  exercise  of  worship  in  the  church; 

2.  how  and  when  to  ring  the  church  bells,  the  maintaining 
of  order  in  church  and  in  the  cemetery; 

3.  to  determine  the  manner  of  prayer,  announcements  and 
other  affairs  belonging  in  any  way  to  Divine  worship  and  the 
solemnity  of  the  same; 

4.  the  care  of  altars,  communion  rail,  pulpit,  organ,  place 
for  the  choir,  pews,  offering-boxes  and  other  objects  belonging 
to  the  exercise  of  religious  worship ; 

5.  the  judgment  as  to  the  fitness  of  sacred  utensils  and 
other  things  destined  either  for  use  in  the  Divine  worship,  or 
for  the  decoration  of  church  and  sacristy; 


CHURCHES  241 

6.  the  writing  and  keeping  of  the  church  records  and  docu- 
ments belonging  to  the  archives  of  the  parish.  (Canon  1184.) 

1028.  The  sacristan,  singers,  organist,  choir  boys,  work- 
men for  the  cemetery,  and  all  others  serving  the  church,  are 
appointed,  depend  on,  and  can  be  dismissed  by  no  one  but  the 
rector  of  the  church,  saving  lawful  customs  and  agreements, 
and  the  authority  of  the  Ordinary.     (Canon  1185.) 

1029.  Unless  there  are  special  legal  customs,  or  agree- 
ments, or  an  obligation  placed  on  individuals  by  the  civil  law, 
the  obligation  of  maintaining  the  cathedral  church  building  rests 
with  the  persons  here  mentioned  in  the  following  order : 

1.  if  the  church  as  such  has  revenues,  these  are  to  be  used 
for  repairs  of  the  church  edifice,  but  the  revenues  necessary  to 
carry  on  Divine  worship  and  the  ordinary  administration  of 
the  church  must  not  be  touched; 

2.  the  bishop  and  the  canons  of  the  cathedral  are  held  to 
defray  the  expenditures  for  repairs  in  proportion  to  their  in- 
come, but  the  salary  that  is  considered  necessary  for  their  proper 
living  must  not  be  attached; 

3.  if  the  two  preceding  sources  fail,  the  people  of  the  diocese 
are  to  defray  the  repairs  of  the  cathedral,  but  the  Ordinary 
should  by  persuasion,  rather  than  by  force,  induce  the  people 
to  furnish  according  to  their  means  the  necessary  funds   for 
the  cathedral. 

The  duty  of  repairing  the  parish  church  rests  with  the 
following  in  this  order:  (1)  the  revenues  of  the  church  itself; 
(2)  the  patron;  (3)  those  who  derive  some  income  from  the 
church,  according  to  the  rate  fixed  by  the  Ordinary;  (4)  the 
parishioners,  who,  however,  should  be  induced  by  persuasion 
rather  than  by  strict  command. 

These  rules  with  proper  proportion  should  be  observed 
also  in  reference  to  other  churches.  (Canon  1186.) 

1030.  If  a  church  is  so  dilapidated  that  it  cannot  at  all 
be  used  for  Divine  worship,  and  if  all  means  to  repair  it  are 
wanting,  the  Ordinary  may  turn  it  to  some  decent  profane  use; 
the  obligations   with  their   respective   funds,    for  instance,   of 
foundation  Masses,  and  the  title  of  the  parish,  if  a  parochial 
church,  shall  be  transferred  to  another  church  appointed  by  the 
Ordinary.     (Canon  1187.) 


242  THE  NEW  CANON  LAW 

TITLE  X. 
Oratories. 

1031.  An  oratory  is  a  place  destined  for  Divine  worship, 
not,  however,  with  the  principal  object  of  serving  the  faithful 
at  large  as  a  house  of  worship. 

The  oratory  is  called  (1)  Public,  if  it  has  been  erected 
indeed  principally  for  the  convenience  of  a  body  of  men,  or 
also  for  private  individuals,  but  in  such  manner  that  all  the 
faithful  have  the  right  to  worship  there,  which  right  must  be 
safeguarded  to  them  by  law  to  freely  approach  the  oratory  at 
least  at  the  time  of  Divine  services.  (2)  Semi-public,  if  it  has 
been  erected  for  the  convenience  of  some  community  or  a  body 
of  the  faithful  who  meet  there,  so  that  not  everybody  has  the 
right  to  enter  the  place.  (3)  Private  or  domestic,  if  erected 
in  a  private  house  for  the  benefit  of  some  family  or  of  a  private 
individual.  (Canon  1188.) 

1032.  The    oratories    in    the   houses    of    Cardinals    and 
bishops,  even  titular  ones,  though  private,  have  nevertheless  all 
the  rights  and  privileges  given  by  law  to  semi-public  oratories. 
(Canon  1189.) 

1033.  The  small  chapels  erected  in  a  cemetery  by  private 
individuals  over  their  burial  places  have  the  nature  of  private 
oratories. 

1034.  Public  oratories  are  governed  by  the  same  laws  as 
churches. 

If,  therefore,  a  public  oratory  has  been  dedicated  to  the 
public  worship  of  God  by  blessing  or  consecration,  under  the 
authority  of  the  bishop  of  the  diocese  in  conformity  with  Canons 
1155  and  1156,  all  sacred  functions  can  take  place  there,  except 
such  that  the  rubrics  do  not  allow  in  oratories.  (Canon  1191.) 

1035.  Semi-public  oratories  cannot  be  erected  without  the 
permission  of  the  Ordinary. 

The  Ordinary  shall  not  give  this  permission  before  he  has 
inspected,  either  in  person  or  through  some  one  else,  the  place 
where  the  semi-public  oratory  is  to  be  established,  and  has  con- 
vinced himself  that  the  place  is  in  proper  condition  for  the 
purpose. 

Once  the  permission  has  been  granted,  the  place  cannot  be 
turned  to  profane  purposes  without  the  authority  of  the  same 
Ordinary. 


ALTARS  243 

In  colleges  and  other  institutions  for  the  education  of  youth, 
in  highschools,  castles,  barracks  of  soldiers,  prisons,  hospitals, 
etc.,  there  should  not  be  erected  other  minor  oratories  besides 
the  principal  one,  unless,  according  to  the  judgment  of  the  Ordi- 
nary, necessity  or  great  utility  make  their  erection  advisable. 
(Canon  1192.) 

1036.  In    semi-public    oratories    legitimately    erected    all 
sacred  functions  can  be  held  except  such  that  the  rubrics  or  the 
orders  of  the  bishop  exclude.     (Canon  1193.) 

1037.  In    private    chapels    in    cemeteries,    mentioned    in 
Canon  1190,  the  Ordinary  may  permit,  also  habitually,  the  cele- 
bration of  several  Masses;  in  other  private  oratories  he  can  al- 
low only  one  Mass  for  some  extraordinary  occasion  and  not 
habitually.    The  Ordinary  shall  not  give  this  permission  except 
in  conformity  with  Canon  1192,  §  2.     (Canon  1194.) 

1038.  In  private  oratories  which  have  received  the  indult 
of  the  Holy  See  to  have  Mass  said  there,  the  Ordinary  shall  visit 
and  approve  of  the  place  according  to  Canon  1192,  §  2;  this  hav- 
ing been  done,  one  low  Mass  may  be  said  there  each  day  with  the 
exception  of  the  more  solemn  feasts  of  the  Church;  other  eccles- 
iastical functions  shall  not  be  held  there. 

The  Ordinary  may  also  for  good  reasons,  other  than  those 
for  which  the  indult  was  granted,  allow  Holy  Mass  on  the  more 
solemn  feasts  per  modum  actus,  which  means  to  say,  not  per- 
petually but  by  way  of  exception  in  a  particular  case.  (Canon 
1195.) 

1039.  Domestic  oratories  cannot  be  consecrated  or  blessed 
after  the  manner  of  churches. 

Domestic  and  semi-public  oratories  may  either  be  blessed 
with  the  benedictio  loci  of  the  Ritual  or  not  at  all,  but  they  must 
be  reserved  exclusively  to  Divine  wrorship  and  may  not  be  used 
for  domestic  purposes.  (Canon  1196.) 

TITLE  XI. 

Altars. 

1040.  In  the  liturgical  sense  there  is  understood : 

1.  By  the  term  immovable  or  fixed  altar,  the  upper  table 
together  with  its  support,  consecrated  as  a  whole. 

2.  By  the  term  movable  or  portable  altar,  the  stone,  as  a 


244  THE  NEW  CANON  LAW 

rule  small  in  size,  which  alone  is  consecrated  and  which  is  called 
portable  altar  stone,  or  sacred  stone;  or  also  the  whole  altar  with 
table  and  support,  which  was,  however,  not  consecrated  as  a 
whole. 

In  consecrated  churches  at  least  one  altar,  principally  the 
main  altar,  must  be  immovable.  In  blessed  churches  all  the  al- 
tars may  be  movable.  (Canon  1197.) 

1041.  The  table  of  an  immovable  altar,  as  well  as  the  por- 
table altar  stone,  must  consist  of  one  piece  of  natural  solid  stone. 

In  the  immovable  altar  the  stone  table  must  cover  the  entire 
altar  and  must  be  properly  joined  to  the  support.  The  support 
must  be  of  stone  or  at  least  the  sides  or  columns  on  which  the 
table  rests  must  be  of  stone. 

The  portable  altar  stone  must  be  sufficiently  large  to  hold 
the  host  and  the  larger  part  of  the  base  of  the  chalice. 

In  the  immovable  altar,  as  well  as  in  the  portable  one,  there 
must  be  the  sepulchre  containing  the  relics  of  saints  as  prescribed 
by  the  liturgical  laws,  closed  with  a  stone.  (Canon  1198.) 

1042.  In  order  that  Holy  Mass  may  be  celebrated  on  such 
an  altar,  it  must  be  consecrated  according  to  the  laws  of  liturgy, 
either  as  a  whole  in  case  of  immovable  altars,  or  the  altar  stone 
in  case  of  movable  altars. 

Every  bishop,  besides  persons  specially  privileged,  may  con- 
secrate portable  altar  stones.  In  reference  to  the  consecration  of 
immovable  altars  the  law  of  Canon  1155  is  to  be  observed. 

The  consecration  of  an  immovable  altar  without  the  conse- 
cration of  the  church  may  take  place  any  day ;  it  is  more  becom- 
ing, however,  to  consecrate  them  on  a  Sunday,  or  a  holiday  of 
obligation.  (Canon  1199.) 

1043.  The  immovable  altar  loses  its  consecration  if  the 
table  or  mensa  is  separated  from  the  support  even  for  a  moment's 
time,  in  which  case  the  Ordinary  can  allow  a  priest  to  again  con- 
secrate the  altar  with  the  shorter  rite  and  formula. 

The  immovable  altar,  as  well  as  the  portable  altar  stone,  lose 
their  consecration : 

1.  if  they  are  considerably  broken,  either  for  reason  of  the 
size  of  the  break,  or  for  reason  of  the  place  of  anointing: 

2.  if  the  relics  are  removed,  or  the  cover  of  the  sepulchre 
is  broken  or  removed,  excepting  the  case  where  either  the  bishop 
or  his  delegate  remove  the  cover  in  order  to  fasten  or  repair  it, 
or  to  substitute  another,  or  to  inspect  the  relics. 


ECCLESIASTICAL  BURIAL  245 

A  slight  break  of  the  cover  does  not  induce  desecration,  and 
any  priest  can  fill  the  crack  with  cement. 

The  desecration  of  the  church  does  not  carry  with  it  the 
desecration  of  the  immovable  or  portable  altars,  and  vice  versa. 
(Canon  1200.) 

1044.  Just  as  the  church  has  its  title  so  should  also  at  least 
every  immovable  altar  of  the  church  have  its  own  title. 

The  primary  title  of  the  main  altar  should  be  the  same  as 
the  title  of  the  church. 

With  the  permission  of  the  Ordinary  the  title  of  a  movable 
altar  may  be  changed,  not,  however,  that  of  the  immovable  altar. 

Altars  cannot  be  dedicated  to  the  Blessed,  not  even  in  the 
churches  and  oratories  to  which  their  office  and  Mass  is  conceded, 
without  permission  of  the  Holy  See.  (Canon  1201.) 

1045.  Immovable  as  well  as  portable  altars  must  serve  only 
for  Divine  services  and  specially  for  Holy  Mass  to  the  exclusion 
of  any  use  for  profane  purposes. 

Under  the  altar  bodies  are  not  to  be  buried;  bodies  which 
perhaps  are  buried  near  an  altar  must  at  least  be  three  feet  away 
from  the  altar,  otherwise  it  shall  not  be  lawful  to  say  Holy  Mass 
on  that  altar  until  the  body  has  been  removed.  (Canon  1202. ) 

TITLE  XII. 

Ecclesiastical  Burial. 

1046.  The  bodies  of  the  faithful  must  be  buried;  crema- 
tion is  forbidden. 

If  any  one  has  in  any  manner  ordered  his  body  to  be  cre- 
mated, it  shall  be  unlawful  to  execute  the  desire;  if  this  order 
has  been  attached  to  a  contract,  last  will,  or  any  other  act,  it  is 
to  be  considered  as  not  added.  (Canon  1203.) 

1047.  Ecclesiastical  burial  consists  in  the  transfer  of  the 
body  to  the  church,  the  funeral  services  held  over  the  same  in 
church,  and  the  depositing  of  it  in  the  place  lawfully  appointed 
for  the  burial  of  the  faithful  departed.     (Canon  1204.) 

CHAPTER  I. 
Cemeteries. 

1048.  The  bodies  of  the  faithful  are  to  be  buried  in  a 
cemetery  which  has  been  blessed  according  to  the  rites  given  in 


246  THE  NEW  CANON  LAW 

the  approved  liturgical  books,  either  with  the  solemn  or  simple 
blessing  by  the  persons  mentioned  in  Canons  1155  and  1156. 

In  churches  bodies  shall  not  be  buried  except  those  of  resi- 
dential bishops,  abbots  or  prelates  nullitts  in  their  own  churches, 
or  of  the  Roman  Pontiff,  royal  personages  and  Cardinals.  (Canon 
1205.) 

1049.  The  Catholic  Church  has  the  right  to  possess  her 
own  cemeteries. 

Where  this  right  of  the  Church  is  violated  without  hope  of 
regaining  the  same,  the  Ordinaries  should  take  care  that  the 
cemeteries  belonging  to  the  State  are  blessed,  if  those  to  be  buried 
there  are  for  the  greater  part  Catholics,  or  at  least  that  the  Ca- 
tholics may  have  a  part  of  the  cemetery  reserved  for  themselves, 
which  part  is  to  be  blessed. 

If  even  that  much  cannot  be  obtained,  the  individual  graves 
ought  to  be  blessed  according  to  the  ritual,  each  time  the  body 
of  a  Catholic  is  buried.  (Canon  1206.) 

1050.  The  laws  of  the  Canons  concerning  the  interdict, 
violation,  and  reconciliation  of  churches,  are  to  be  applied  also  to 
cemeteries.     (Canon  1207.) 

1051.  The  individual  parishes  should  have  their  own  ceme- 
teries, unless  the  Ordinary  should  appoint  one  common  cemetery 
for  several  parishes. 

The  exempt  religious  may  have  a  cemetery  of  their  own, 
distinct  from  the  common  cemetery. 

Also  other  associations  and  private  families  may  be  per- 
mitted by  the  bishop  to  have  a  special  burial  place,  apart  from 
the  common  cemetery,  to  be  blessed  like  the  cemetery.  (Canon 
1208.) 

1052.  In  parochial  cemeteries  the  faithful  may  with  the 
written  permission  of  the  Ordinary,  and  in  cemeteries  proper  to 
some  ecclesiastical  body  with  the  written  permission  of  the  su- 
perior of  that  organization,  construct  for  themselves  and  their 
relations  special  burial  places;  these  they  may,  with  the  consent 
of  the  Ordinary  or  the  superior,  also  convey  to  others. 

The  burial  place  for  priests  and  clerics  should,  where  it  can 
be  done,  occupy  a  space,  separate  from  the  laity,  in  the  more 
prominent  part  of  the  cemetery ;  moreover,  where  it  can  be  con- 
veniently so  arranged,  a  place  should  in  this  space  be  set  apart 
for  priests,  and  another  for  inferior  ministers  of  the  Church. 


FUNERAL  SERVICES  247 

The  bodies  of  infants  should  likewise  be  buried  in  a  plot 
specially  set  apart  for  them,  if  it  can  be  conveniently  arranged. 
(Canon  1209.) 

1053.  Every  cemetery  should  be  well  enclosed  on  all  sides 
and  carefully  guarded.     (Canon  1210.) 

1054.  The  Ordinaries  of  dioceses,  and  the  pastors  and  su- 
periors concerned,  should  see  to  it  that  in  cemeteries  there  are  not 
placed  epitaphs,  eulogistic  inscriptions,  and  ornaments,  out  of 
harmony  with  Catholic  faith  and  piety.     (Canon  1211.) 

1055;  Besides  the  blessed  cemetery  there  should  be,  if  pos- 
sible, a  separate  place  well  enclosed  and  guarded,  where  the 
bodies  of  those  are  to  be  buried  to  whom  ecclesiastical  burial  was 
denied.  (Canon  1212.) 

1056.  The  body  should  not  be  buried,  especially  in  cases  of 
sudden  death,  until  after  such  a  length  of  time  that  is  sufficient 
to  remove  all  doubt  of  real  death.     (Canon  1213.) 

1057.  Without  the  permission  of  the  Ordinary  it  shall  not 
be  lawful  anywhere  to  exhume  a  body  which  had  received  by  the 
Church  its  final  burial. 

The  Ordinary  shall  not  allow  to  exhume  a  body  unless  it 
can  with  certainty  be  distinguished  from  other  bodies.  (Canon 
1214.) 

CHAPTER  II. 

Transfer  of  the  Body  to  Church,  Funeral  Services 
and  Interment. 

1058.  Unless  a  grave  reason  stands  in  the  way,  the  bodies 
of  the  faithful  are  to  be  brought  to  church,  where  the  funeral 
services  are  to  be  held  according  to  the  rite  prescribed  in  the  ap- 
proved liturgical  books.     (Canon  1215.) 

1059.  The  church  to  which  the  body  is  to  be  taken  is  by 
law  the  church  which  was  the  proper  parish  church  of  the  de- 
ceased, unless  the  deceased  legitimately  elected  another  church 
for  his  funeral. 

If  the  deceased  belonged  to  several  parish  churches,  the 
parish  in  which  he  died  is  entitled  to  the  funeral.  (Canon  1216.) 

1060.  In  a  doubtful  case  as  to  the  rights  of  another  church 
the  right  of  his  own  parish  church  always  prevails.      (Canon 
1217.) 


248  THE  NEW  CANON  LAW 

1061.  If  a  person  died  outside  his  own  parish  church,  the 
body  is  to  be  brought  to  his  nearest  proper  parish  church  for  the 
funeral  services,  when  the  journey  can  be  made  on  foot  without 
inconvenience;  otherwise  to  the  nearest  parish  church  in  the 
place  where  he  died. 

The  Ordinary  may  for  his  diocese  determine  under  what 
conditions  the  body  is,  or  is  not,  to  be  taken  to  the  proper  parish 
of  the  deceased.  If  the  parish  where  the  person  died  is  not  in  the 
same  diocese  with  his  own  parish,  the  rules  of  the  Ordinary  of 
the  place  where  the  person  died  are  to  be  observed. 

Though  it  be  inconvenient  to  take  the  body  to  the  church 
where  the  funeral  should  take  place,  or  to  the  place  of  burial,  the 
family,  the  heirs,  and  others  who  are  concerned,  have  the  right, 
provided  they  pay  the  expenses,  to  take  the  body  to  the  parish 
church  of  the  deceased,  or  to  the  church  he  lawfully  chose  for  his 
funeral.  (Canon  1218.) 

1062.  If  a  Cardinal  dies  in  the  City  of  Rome,  the  body 
is  to  be  transferred  for  the  funeral  services  to  the  church  which 
the  Roman  Pontiff  will  appoint;  if  he  dies  outside  the  City,  he 
is  to  be  buried  from  the  church  highest  in  rank  in  the  place  of  his 
demise,  unless  he  chose  another  certain  church  for  his  funeral. 

The  funeral  of  a  residential  bishop,  also  of  those  who  are 
Cardinals,  abbots  and  prelates  mtllius,  is  to  take  place,  if  it  can 
be  conveniently  done,  in  the  cathedral,  abbatial  or  prelatial 
church;  if  the  body  cannot  be  brought  there,  the  church  first  in 
rank  in  the  place  where  he  died  is  entitled  to  the  funeral.  If  they 
have  chosen  a  church  from  which  they  desired  to  be  buried,  that 
church  is  entitled  to  the  funeral.  (Canon  1219.) 

1063.  Residential  beneficiaries  of  a  church  are  to  be  buried 
from  the  church  where  they  hold  a  benefice,  unless  they  have 
chosen  another.     (Canon  1220.) 

1064.  Professed  religious  and  novices  are  to  be  buried 
from  the  church  or  oratory  of  their  house,  or  from  any  house  of 
the  Order  or  congregation;  novices  may  choose  another  church 
for  their  burial.    If  religious  die  outside  the  house,  their  religious 
superior  has  the  right  to  conduct  the  funeral  procession  from  the 
place  where  he  died  to  the  church  where  the  funeral  services  are 
to  take  place. 

If  the  religious  dies  far  away  from  any  house  of  his  Order, 
and  the  superior  does  not  wish  to  transfer  the  body  to  a  house  of 


FUNERAL  SERVICES  249 

the  Order,  which  he  is  at  liberty  to  do  in  accordance  with  Canon 
1218,  §  3,  the  religious  is  to  be  buried  from  the  parish  church 
where  he  died ;  a  novice  may  choose  another  church  he  prefers. 

The  rules  of  this  Canon  concerning  the  novices  apply  also  to 
servants  of  the  religious  who  continually  live  within  the  enclosure 
of  the  religious  house.  If  they  die  outside  the  religious  house, 
their  funeral  is  regulated  by  Canons  1216-1218.  (Canon  1221.) 

1065.  The  persons  who  stayed  in  any  religious  house  or 
college  either  as  guests,  or  for  reason  of  education  or  health,  and 
died  there,  as  also  those  who  die  in  hospitals,  are  to  be  buried 
from  their  own  parish  church  or  from  the  church  they  chose  for 
their  funeral,  according  to  Canons  1216-1218;  unless  special  law 
or  privilege  demand  otherwise.     Those  who  die  in  the  seminary 
are,  according  to  Canon  1368,  to  be  buried  by  the  rector  who  has 
parochial  rights  over  the  seminarians.     (Canon  1222.) 

1066.  AH  the  faithful,  unless  they  are  explicitly  forbidden 
by  law,  as  for  instance  professed  religious,  may  choose  a  church 
from  which  they  wish  to  be  buried,  as  also  the  cemetery  in  which 
they  desire  to  be  interred. 

The  wife,  and  children  who  have  reached  the  age  of  puberty, 
are  in  this  matter  of  free  choice  of  the  funeral  church  absolutely 
independent  of  the  authority  of  husband  and  father.  (Canon 
1223.) 

1067.  The  free  choice  of  the  church  for  their  funeral  is 
forbidden : 

1.  to  children  who  have  not  reached  the  age  of  puberty. 
Parents  or  guardians  may  even  after  the  death  of  these  children 
choose  any  church  from  which  they  wish  to  bury  them ; 

2.  to  professed  religious  of  any  rank  or  dignity,  except 
those  who  are  bishops.     (Canon  1224.) 

1068.  The  election  of  a  church  for  the  funeral  in  order  to 
be  valid  must  needs  fall  on  a  church  which  has  a  right  to  perform 
funeral  services,  namely  either  a  parish  church  or  a  church  of 
regulars,  or  another  having  this  right  by  special  privilege.     In 
churches  of  convents  of  nuns  funeral  services  cannot  be  held  for 
outsiders,  except  of  those  women  who  permanently  lived  within 
the  enclosure,  either  as  servants,  or  for  reason  of  education,  sick- 
ness, housing;  the  patron  of  a  church  may  be  buried  from  the 
church  of  which  he  is  the  patron.     (Canon  1225.) 

1069.  A  person  may  choose  church  or  cemetery  either  him- 


250  THE  NEW  CANON  LAW 

self  or  through  another  by  his  command;  the  election  of  the 
church  for  the  funeral,  or  the  mandate  to  choose  for  another, 
may  be  proved  in  any  legal  form. 

If  the  election  is  to  be  made  by  another,  he  may  make  use  of 
the  mandate  even  after  the  death  of  the  person  who  gave  the 
mandate.  (Canon  1226.) 

1070.  The  religious  and  the  secular  clergy  are  strictly  for- 
bidden to  induce  any  person  to  vow,  or  swear,  or  otherwise 
promise,  to  choose  their  church  or  cemetery  for  burial,  or  not  to 
change  such  election.    If  the  clergy  act  against  this  rule,  the  elec- 
tion of  the  dying  person  is  null  and  void.     (Canon  1227.) 

1071.  If  interment  in  a  cemetery  other  than  that  of  the 
proper  parish  of  the  deceased  was  desired  by  him,  he  shall  be 
buried  there,  if  those  in  charge  of  the  cemetery  do  not  object. 

If  burial  in  the  cemetery  of  the  religious  has  been  chosen  by 
the  deceased,  the  consent  of  the  superior  entitled  by  the  constitu- 
tion to  grant  such  permission  is  required  and  suffices.  (Canon 
1228.) 

1072.  If  a  person  has  a  burial  place  of  his  ancestry  and 
does  not  choose  another  cemetery  for  burial,  he  is  to  be  buried 
there  if  his  body  can  be  conveniently  transferred,  or  parents, 
heirs,  etc.,  wish  to  transfer  him. 

The  wife  shares  the  burial  place  of  her  husband,  and,  if  she 
was  repeatedly  married,  that  of  the  last  husband. 

If  there  are  several  burial  places  of  ancestors  or  of  the  hus- 
band, the  family  of  the  deceased  or  the  heirs  shall  select  the  place 
of  burial.  (Canon  1229.) 

1073.  The  proper  pastor  of  the  deceased  has  not  only  the 
right  but  also  the  duty,  except  in  case  of  grave  obstacle,  to  con- 
duct the  body  from  the  house  to  the  church,  and  to  conduct  the 
funeral  services  either  in  person  or  through  another. 

If  the  person  died  in  the  territory  of  another  parish  and  the 
body  can  be  easily  brought  to  the  deceased  person's  own  parish 
church,  the  proper  pastor  may  enter  the  parish  of  another  pastor, 
notifying  him  of  the  fact,  and  conduct  the  funeral  procession 
to  his  church. 

If  the  funeral  is  to  take  place  in  a  church  of  regulars,  or 
another  church  exempt  from  the  jurisdiction  of  the  pastor,  the 
proper  pastor  has  the  right  to  conduct  the  body  from  the  house 
to  the  church  under  the  procession  cross  of  the  church  which  has 


FUNERAL  SERVICES  251 

the  funeral.  The  rector  of  the  church  which  has  been  chosen  for 
the  funeral  by  the  deceased  conducts  the  funeral  services. 

If  the  church  chosen  for  the  funeral  is  not  exempt  from  the 
jurisdiction  of  the  pastor,  the  celebration  of  the  funeral  services 
does  not  belong  to  the  rector  of  the  church,  unless  he  can  prove 
such  right  by  special  privilege,  but  to  the  pastor  in  whose  terri- 
tory the  church  is  situated,  provided  the  deceased  was  a  subject 
of  the  pastor. 

The  bodies  of  religious  women  and  of  their  novices  who  died 
in  the  house,  are  carried  by  the  sisters  to  the  limit  of  the  en- 
closure; from  there,  if  there  is  question  of  sisters  not  subject  to 
the  pastor,  the  chaplain  conducts  the  body  to  the  church  or  ora- 
tory of  the  convent  and  conducts  the  funeral  services.  If  the 
sisters  are  not  exempt  from  the  jurisdiction  of  the  pastor,  he  con- 
ducts the  funeral  services.  Concerning  sisters  who  die  outside 
their  house  the  general  laws  of  the  Canons  shall  be  observed. 

If  a  Cardinal,  or  a  bishop,  die  outside  the  City  of  Rome  in  a 
city  where  there  is  a  bishop's  see,  the  first  dignitary  of  the  canons 
of  the  cathedral  has,  according  to  Canon  397,  n.  3,  the  right  to 
conduct  the  funeral. 

If  a  body  is  sent  to  a  place  where  the  deceased  did  not  have 
a  parish  of  his  own,  nor  where  he  chose  a  church  for  his  funeral, 
the  right  to  conduct  all  the  funeral  services,  if  they  are  to  be  held 
in  that  place,  belongs  to  the  cathedral  church,  or  where  there  is 
no  cathedral  church,  to  the  pastor  of  the  church  where  the  ceme- 
tery in  which  the  body  is  to  be  buried  is  situated,  unless  the  cus- 
tom of  the  place  or  the  diocesan  statutes  ordain  otherwise. 
(Canon  1230.) 

1074.  The  funeral  services  having  been  completed  in  the 
church,  the  body  is  to  be  interred  in  the  cemetery  of  the  same 
church,  with  the  ceremonies  prescribed  by  the  rubrics  of  the  litur- 
gical books.    The  exceptions  of  Canons  1228  and  1229  in  refer- 
ence to  the  cemetery  are  to  be  observed. 

He  who  conducted  the  funeral  services  in  church,  has  also 
the  right  and  duty,  excepting  only  a  grave  case  of  necessity, 
to  conduct,  either  in  person  or  through  another  priest,  the  body 
to  the  cemetery.  (Canon  1231.) 

1075.  The  priest  who  conducts  the  funeral  procession  to 
the  church,  or  to  the  cemetery,  has  the  right  to  pass  through  the 
territory  of  another  parish  or  diocese  with  stole  and  cross,  with- 
out the  permission  of  the  pastor  or  the  Ordinary. 


252  THE  NEW  CANON  LAW 

If  the  body  is  to  be  buried  in  a  distant  cemetery,  to  which 
the  body  cannot  conveniently  be  carried,  the  pastor  or  rector  who 
conducted  the  funeral  cannot  claim  the  right  to  accompany  the 
body  outside  the  limits  of  the  city  or  town.  (Canon  1232.) 

1076.  The  pastor  cannot  without  a  just  and  grave  reason, 
to  be  approved  by  the  Ordinary,  forbid  secular  clergy,  religious 
and  pious  societies  invited  by  the  family,  or  the  heirs  to  assist  at 
the  funeral  procession  and  at  the  services  in  church;  the  clergy 
of  the  church  where  the  funeral  services  are  held  should  first  of 
all  be  invited. 

Societies,  and  emblems,  hostile  to  the  church,  shall  under  no 
circumstances  be  permitted  at  the  funeral. 

Those  who  assist  at  the  funeral  must  respect  the  orders  of 
the  pastor  in  the  arrangement  of  the  funeral  procession,  saving 
each  one's  rights  of  precedence. 

The  clergy  shall  never  carry  the  body  of  any  lay  person  no 
matter  what  dignity  he  held,  or  to  what  family  he  belonged. 
(Canon  1233.) 

1077.  Ordinaries  of  dioceses  shall,  if  such  does  not  yet 
exist,  draw  up  a  schedule  of  funeral  taxes  or  stipends  for  their 
territory,  giving  due  consideration  to  the  legitimate  customs  of 
particular  places  and  the  circumstances  of  persons  and  places. 
They  shall  consult  the  cathedral  Chapters,  or  diocesan  consultors, 
in  making  these  regulations  and  if  they  think  it  advisable,  they 
may  also  consult  the  deans  and  the  pastors  of  the  episcopal  city. 
The  schedule  of  taxes  should  for  the  various  cases  determine 
with  moderation,  and  in  such  manner  that  all  occasion  for  con- 
tention and  scandal  is  removed,  the  rights  of  all  concerned. 

If  in  the  schedule  several  classes  of  funerals  are  enumerated, 
the  party  who  arranges  for  the  funeral  is  to  have  a  free  choice. 
(Canon  1234.) 

1078.  It  is  strictly  forbidden  to  every  one  to  exact  more 
than  what  the  diocesan  schedule  allows  for  funerals  and  anni- 
versaries. 

The  poor  shall  be  given  decent  funeral  services  and  burial 
free  of  charge,  according  to  the  laws  of  liturgy  and  the  diocesan 
statutes.  (Canon  1235.) 

1079.  Whenever  any  of  the  faithful  are  not  buried  from 
their  own  parish  church,  the  proper  pastor  is  to  receive  the  pa- 
rochial portion  of  the  funeral  offerings,  unless  the  particular  law 


BURIAL  GRANTED   OR  DENIED  253 

grants  a  privilege  of  exemption  from  this  law,  or  if  the  deceased 
could  not  conveniently  be  brought  to  his  parish  church. 

If  a  person  had  several  proper  parishes,  from  any  of  which 
he  could  have  easily  been  buried,  and  the  funeral  was  held  in  an- 
other church,  the  parochial  portion  is  to  be  divided  between  the 
various  proper  pastors.  (Canon  1236.) 

1080.  The  parochial  portion  solely  is  to  be  subtracted  from 
the  sum  fixed  by  the  diocesan  tariff  for  the  funeral  services  and 
burial. 

If  for  any  reason  on  the  day  of  burial  there  are  only  minor 
functions,  and  the  first  solemn  service  for  the  deceased  is  held 
within  one  month  from  the  date  of  burial,  the  parochial  portion 
shall  be  taken  also  for  that  service. 

The  quantity  of  the  parochial  portion  is  to  be  fixed  by  dio- 
cesan schedule;  if  the  parochial  church  of  the  deceased  and  the 
church  which  has  the  funeral  belong  to  two  different  dioceses,  the 
quantity  of  the  parochial  portion  is  to  be  reckoned  according  to 
the  schedule  of  the  diocese  where  the  funeral  takes  place.  (Canon 
1237.) 

1081.  After  the  funeral,  the  minister  shall  mark  down  in 
the  record  of  the  deceased  the  name  and  age  of  the  person,  the 
names  of  parents  or  husband,  date  of  death,  the  priest  who  ad- 
ministered the  last  Sacraments,  and  what  Sacraments  were  given, 
as  also  time  and  place  of  burial.     (Canon  1238.) 

CHAPTER  III. 

Persons  to  whom  Ecclesiastical  Burial  must  be  Granted 

or  Denied. 

1082.  Unbaptized  persons  must  not  be  buried   from  a 
church,  with  the  exception  of  catechumens  who  die  without  hav- 
ing, through  no  fault  of  theirs,  received  Baptism,  and  are  there- 
fore to  be  counted  among  those  baptized. 

All  baptized  persons  are  to  receive  ecclesiastical  burial,  un- 
less they  are  explicitly  deprived  of  it  by  law.  (Canon  1239.) 

1083.  The  following  persons  are  to  be  deprived  of  eccles- 
iastical burial,  unless  they  have  before  death  given  some  signs  of 
repentance : 

1.  notorious  apostates  from  the  Christian  faith,  and  per- 
sons notoriously  known  to  belong  to  a  heretical  or  schismatical 
sect,  or  to  the  masons,  and  other  societies  of  the  same  kind; 


254  THE  NEW  CANON  LAW 

2.  persons  excommunicated  or  interdicted  by  condemna- 
tory or  declaratory  sentence ; 

3.  culpable  suicides ; 

4.  those  dying  in  a  duel  or  from  wounds  received  in  it ; 

5.  those  who  have  given  orders  to  cremate  their  body ; 

6.  all  other  publicly  known  sinners. 

If  in  the  foregoing  cases  some  doubt  arises,  the  Ordinary 
must  be  consulted  if  time  permits.  If  the  case  remains  doubtful, 
the  body  should  be  given  ecclesiastical  burial  but  in  such  a  manner 
that  scandal  is  avoided.  (Canon  1240.) 

1084.  When  ecclesiastical  burial  had  to  be  denied  to  a  per- 
son it  is  also  forbidden  to  have  for  him  any  funeral  Mass,  anni- 
versary, or  other  public  funeral  services.     (Canon  1241.) 

1085.  If  it  can  be  done  without  serious  inconvenience,  the 
body  of  an  excommunicatus  vitandus  which  had,  against  the  laws 
of  the  Canons,  been  buried  in  a  sacred  place,  is  to  be  exhumed 
with  permission  of  the  bishop,  and  to  be  buried  in  that  part  of  the 
cemetery  which  is  not  blessed.    (Canon  1242.) 

SECTION  II. 
Sacred  Seasons. 

1086.  Sacred  seasons  are  the  holidays  and  the  days  of  fast 
and  abstinence.    ( Canon  1 243 . ) 

1087.  The  supreme  authority  of  the  Church  alone  has  the 
right  to  establish,  transfer  and  abolish  holidays  of  obligation, 
and  days  of  fast  and  abstinence,  for  the  universal  Church. 

Ordinaries  of  dioceses  can  for  their  territory  appoint  holi- 
days of  obligation,  days  of  fast  and  abstinence  only  per  modum 
actus,  which  means  temporarily,  not  perpetually.  (Canon  1244.) 

1088.  Not  only  the  Ordinary  but  also  the  pastor  may  in  in- 
dividual cases  and  for  good  reasons  dispense  individual  subjects 
or  individual  families,  also  outside  his  territory,  and  transients 
in  his  territory,  from  the  obligation  of  keeping  the  holidays  of 
obligation,  and  from  fast  or  abstinence,  or  from  both,  fast  and 
abstinence  combined. 

•  Ordinaries  may  also,  for  reason  of  great  concourse  of  people 
on  some  special  occasion,  or  for  the  sake  of  public  health,  dis- 
pense the  whole  diocese,  or  place,  from  the  obligation  of  fast  or 
of  abstinence,  or  of  both. 


HOLIDAYS  OF  OBLIGATION  255 

In  clerical  exempt  religious  communities  the  superiors  have 
for  the  religious  and  all  those  persons  mentioned  in  Canon  514, 
§  1,  the  same  faculty  as  pastors.  (Canon  1245.) 

1089.  The  time  of  a  holiday  of  obligation,  as  well  as  the 
day  of  fast  or  abstinence,  is  to  be  reckoned  from  midnight  to  mid- 
night.   For  the  gaining  of  indulgences  Canon  923  makes  special 
provision.    (Canon  1246.) 

TITLE  XIII. 
Holidays  of  Obligation. 

1090.  Holidays  of  obligation  for  the  universal  Church  are 
only  the  following :  All  the  Sundays,  the  feasts  of  Christmas,  Cir- 
cumcision,  Epiphany,   Ascension,   Corpus   Christi,   Immaculate 
Conception,  Assumption,  St.  Joseph,  SS.  Peter  and  Paul,  and, 
All  Saints'. 

The  patron  feasts  are  no  longer  holidays  of  obligation,  but 
the  Ordinaries  of  dioceses  can  transfer  the  external  solemnity  to 
the  next  following  Sunday. 

If  any  of  the  above  mentioned  feasts  have  been  lawfully 
abolished  or  transferred  in  some  country,  nothing  should  be  done 
concerning  these  feasts  without  consulting  the  Holy  See.  In  the 
United  States  four  of  these  feasts  are  abolished  as  holidays  of 
obligation,  namely  Epiphany,  Corpus  Christi,  St.  Joseph,  and  SS. 
Peter  and  Paul.  ( Canon  1247. ) 

1091.  On  holidays  of  obligation  Holy  Mass  must  be  heard 
and  the  people  must  abstain  from  servile  work  and  from  legal  ac- 
tions; and  unless  legitimate  custom  or  special  indults  make  an 
exception,  public  sales,  fairs  and  other  public  buying  and  selling 
are  forbidden.     (Canon  1248.) 

1092.  One  may  fulfil  the  obligation  of  hearing  Mass  by  as- 
sisting at  Holy  Mass  celebrated  in  any  Catholic  Rite,  either  in  the 
open  air  or  in  any  church,  public  or  semi-public  oratory,  and  in 
the  private  chapels  in  cemeteries  spoken  of  in  Canon  1190;  in 
the  oratories  in  private  houses,  however,  only  those  to  whom  the 
privilege  is  granted  by  the  Holy  See  can  fulfill  the  duty  of  hear- 
ing Mass.     (Canon  1249.) 

TITLE  XIV. 

Fast  and  Abstinence. 

1093.  The  law  of  abstinence  forbids  the  eating  of  flesh  meat 
and  of  broth  made  of  meat,  but  does  not  exclude  the  use  of  eggs, 


256  THE  NEW  CANON  LAW 

milk  and  the  products  of  milk  (namely  cheese  and  butter),  and 
any  seasonings  of  food,  even  those  made  from  the  fat  of  animals. 
(Canon  1250.) 

1094.  The  law  of  fasting  ordains  that  only  one  full  meal  a 
day  be  taken,  but  does  not  forbid  a  small  amount  of  food  in  the 
morning  and  in  the  evening.    As  regards  the  kind  of  food,  and 
the  amount,  that  may  be  taken,  the  approved  customs  of  one's 
locality  are  to  be  observed. 

One  may  partake  of  both  fish  and  flesh  meat  at  the  same 
meal.  The  full  meal  may  be  taken  in  the  evening  and  the  colla- 
tion at  noon.  (Canon  1251.) 

1095.  Abstinence  only  is  enjoined  on  the  Fridays  through- 
out the  year. 

Fast  and  abstinence  are  prescribed  on  the  following  days: 
Ash  Wednesday,  the  Fridays  and  Saturdays  in  Lent,  Ember  days, 
the  Vigils  of  Pentecost,  of  the  Assumption,  of  All  Saints'  Day, 
and  of  Christmas  Day. 

Fast  only  is  ordained  for  ?U  the  other  days  of  Lent. 

On  Sundays  and  holidays  f  obligation,  except  on  a  holiday 
in  Lent,  there  is  neither  fast  noi  abstinence,  and  if  a  vigil  that  is 
a  fastday  falls  on  a  Sunday  the  fast  is  not  to  be  anticipated  on 
Saturday  but  is  dropped  altogether  that  year.  The  Lenten  fast 
and  abstinence  cease  at  twelve  o'clock  noon  on  Holy  Saturday. 
(Canon  1252.) 

1096.  The  foregoing  Canons  make  no  change  in  particular 
indults;  they  do  not  affect  the  obligations  imposed  by  vow,  either 
of  individual  persons  or  communities,  nor  alter  the  constitutions 
and  rules  of  religious  organizations  and  approved  institutes  of 
men  or  women  living  in  community,  even  those  without  vows. 
(Canon  1253.) 

1097.  The  law  of  abstinence  binds  all  who  have  completed 
their  seventh  year  of  age. 

The  law  of  fasting  binds  all  who  have  completed  their 
twenty-first  year  until  the  beginning  of  their  sixtieth  year. 
(Canon  1254.) 

In  the  matter  of  fast  and  abstinence  days  there  remains  some 
difficulty  (1)  in  reference  to  the  particular  fastdays  on  Fridays 
in  Advent  which  were  of  obligation  in  many  dioceses  in  the 
United  States,  and  (2}  in  regard  to  the  faculties  of  the  bishops 
for  the  benefit  of  soldiers  in  the  army  and  navy  and  of  working 


DIVINE  WORSHIP  257 

people.  A  Pecent  decree  of  the  Consistorial  Congregation,  of 
April  25,  1918,  seems  to  indicate  that  the  Holy  See  desires  uni- 
formity of  discipline  also  in  the  matter  of  fast  and  abstinence. 
To  that  end  the  rules  for  abstinence  days  have  been  considerably 
mitigated  and  for  special  occurrences  Canon  1245,  cited  above, 
gives  to  bishops  and  pastors  sufficient  power  to  dispense  from 
fast  and  abstinence. 

The  ten,  five,  three  years'  faculties,  and  the  Brief  of  twenty- 
five  years'  faculties,  are  specially  mentioned  by  the  decree  as 
abolished.  The  indult  for  working  people  had,  moreover,  become 
unnecessary  since  the  Code  makes  liberal  allowance  for  the  use 
of  flesh  meat  in  Lent.  Soldiers  serving  in  army  and  navy  usually 
received  in  the  various  countries  special  concessions,  by  which 
they  were  obliged  to  abstain  only  on  a  few  days  in  the  year  from 
flesh  meat.  In  the  United  States  there  were  six  of  such  days, 
namely,  Ash  Wednesday,  the  last  three  days  of  Holy  Week  and 
the  vigils  of  the  Assumption  of  the  Blessed  Virgin  and  of  Christ- 
mas. Since  it  is  almost  impossible  for  soldiers  in  actual  service 
to  observe  the  law  of  abstinence,  since  they  have  to  take  the  food 
dealt  out  to  them,  the  Holy  See  will  certainly  continue  to  release 
them  from  this  law  of  the  Church.  This  seems  also  indicated  in 
number  3  of  the  decree  referred  to  above,  namely,  that  the  con- 
cessions obtained  by  the  Ordinaries  either  on  account  of  the 
present  war,  or  for  reasons  of  peculiar  circumstances,  are  not  in- 
cluded in  this  recall  of  faculties.  In  the  formula  of  faculties,  of 
the  chaplains  in  the  army  and  navy  of  the  United  States  in  the 
present  war  the  following  days  are  enumerated  as  fast  and  ab- 
stinence days  for  the  men  in  military  service :  Ash  Wednesday, 
Vigil  of  Christmas,  Good  Friday  and  the  forenoon  of  Holy 
Saturday. 

PART  III. 

DIVINE  WORSHIP. 

1098.  To  the  blessed  Trinity  and  to  each  of  the  three  Per- 
sons, and  to  Christ  our  Lord  also  under  the  sacramental  species, 
is  due  the  cult  of  latria;  to  the  blessed  Virgin  Mary  the  cult  of 
hyperdulia;  to  the  other  saints  reigning  with  Christ  in  heaven  the 
cult  of  dulia. 

To  sacred  relics  and  images  is  due  the  veneration  and  cult 
proper  to  the  person  to  which  the  relics  and  images  refer.  (Canon 
1255.) 


258  THE  NEW  CANON  LAW 

1099.  The  cult  which  is  exhibited,  and  offered  to  God,  or  to 
the  Saints  and  Blessed,  in  the  name  of  the  Church  by  appointed 
ministers,  in  the  form  and  manner  prescribed  by  the  Church,  is 
called  public,  otherwise  private.    (Canon  1256.) 

1100.  The  Holy  See  alone  has  the  right  to  enact  the  form 
of  the  sacred  liturgy,  as  well  as  to  approve  the  liturgical  books. 
(Canon  1257.) 

1101.  It  is  unlawful  for  the  faithful  to  assist  in  any  active 
manner,  or  to  take  part,  in  the  sacred  services  of  non-Catholics. 

Merely  passive  or  material  presence  may  be  tolerated  on  ac- 
count of  a  civil  office,  or  for  the  purpose  of  showing  respect  to 
persons,  to  be  approved  in  doubtful  cases  by  the  bishop  for  grave 
reasons,  at  funerals  of  non-Catholics,  at  their  marriages,  and 
similar  solemnities,  provided  there  is  danger  of  neither  perver- 
sion nor  scandal.  (Canon  1258.) 

1102.  Prayers  and  pious  exercises  in  churches  or  oratories 
shall  not  be  permitted  without  the  revision  and  express  permission 
of  the  bishop  of  the  diocese,  who  in  more  difficult  cases  shall  sub- 
mit the  entire  matter  to  the  Holy  See. 

The  Ordinary  of  the  diocese  cannot  approve  new  litanies  to 
be  recited  publicly.  (Canon  1259.) 

1103.  The  ministers  of  the  Church  must  depend  solely  on 
the  authority  of  the  ecclesiastical  superiors  in  the  exercise  of  wor- 
ship.    (Canon  1260.) 

1104.  The  Ordinaries  should  watch  that  in  Divine  worship 
the  rules  of  the  Sacred  Canons  are  faithfully  observed,  and  that 
neither  in  public  nor  in  private  worship,  nor  in  the  private  lives 
of  the  faithful,  any  superstitious  practices  are  introduced,  or  any- 
thing contrary  to  faith,  or  to  the  ecclesiastical  tradition,  or  any- 
thing that  has  the  appearance  of  sordid  profit-making. 

If  the  Ordinary  publishes  any  regulations  concerning  these 
matters  all  his  subjects  are  held  to  observe  those  rules,  even  the 
exempt  religious,  and  he  may  visit  their  churches  and  public  ora- 
tories for  this  purpose.  (Canon  1261.) 

1105.  It  is  to  be  desired  that,  in  harmony  with  the  ancient 
discipline  of  the  Church,  the  women  should  in  church  be  separate 
from  the  men. 

The  men  should  assist  at  Divine  services,  either  in  church 
or  outside  of  it,  with  uncovered  heads,  unless  the  approved  cus- 
toms of  the  people  or  peculiar  circumstances  demand  the  con- 


CULT  OF  THE  BLESSED  SACRAMENT  259 

trary;  the  women  should  assist  in  modest  dress  and  with  heads 
covered,  especially  when  they  approach  the  table  of  the  Lord. 
(Canon  1262.) 

1106.  Magistrates  may,  according  to  their  rank  and  dig- 
nity, have  a  special  place  in  the  church,  in  as  far  as  the  liturgical 
laws  permit  this. 

Without  the  explicit  permission  of  the  Ordinary  none  of  the 
faithful  may  have  a  pew  in  church  reserved  for  himself  and  his 
family;  the  Ordinary  should  not  give  his  consent  except  where 
there  are  enough  pews  to  accommodate  the  rest  of  the  people. 

There  is  always  the  tacit  understanding  in  these  permissions 
that  the  Ordinary  may  at  any  time  for  a  good  reason  recall  the 
permission,  no  matter  for  what  length  of  time  individuals  have 
held  such  pews.  (Canon  1263.) 

1107.  Musical  compositions  rendered  either  by  the  organ, 
or  other  instruments,  or  voice,  which  contain  anything  lascivious 
and  improper  must  absolutely  be  kept  out  of  church;  the  liturgical 
laws  concerning  sacred  music  shall  be  observed. 

Religious  women,  in  as  far  as  they  are  allowed  by  their  con- 
stitutions and  the  laws  of  liturgy  and  of  the  bishop  to  sing  in  their 
own  church  or  public  oratory,  shall  occupy  a  place  where  they 
cannot  be  seen  by  the  people.  (Canon  1264. ) 

TITLE  XV. 

The  Keeping  and  Cult  of  the  Blessed  Sacrament. 

1108.  The  Blessed  Sacrament  may  be  kept  in  the  following 
churches,  if  there  is  a  person  to  guard  it,  and  if  the  priest  as  a 
rule  celebrates  Holy  Mass  at  least  once  a  week  in  the  place : 

1.  it  must  be  kept  in  the  cathedral  church  and  in  the  princi- 
pal church  of  an  abbey  and  of  a  prelacy  nullius,  vicariate  and  pre- 
fecture apostolic,  in  every  parochial  and  quasi-parochial  church, 
and  in  a  church  attached  to  houses  of  exempt  religious  men  and 
women ; 

2.  it  may  be  kept  with  the  permission  of  the  Ordinary  in 
collegiate  churches  and  in  the  principal,  public  or  semi-public,  ora- 
tory of  religious  houses  and  charitable  institutions,  as  also  in  ec- 
clesiastical colleges  in  charge  of  either  the  secular  clergy  or  of 

In  other  churches  and  oratories  it  may  be  kept  only  by  indult 
religious. 


260  THE  NEW  CANON  LAW 

of  the  Holy  See.  The  Ordinary  can  for  a  good  reason  grant  this 
permission  to  a  church  or  public  oratory  only  per  modum  actus, 
that  is  to  say,  for  a  special  occasion,  not  perpetually. 

No  one  is  allowed  to  keep  the  Blessed  Sacrament  in  his  pri- 
vate house,  or  to  carry  it  with  him  when  travelling.  (Canon 
1265.) 

1109.  The  churches  in  which  the  Blessed  Sacrament  is 
kept,  especially  parochial  churches,  should  be  open  to  the  faith- 
ful for  at  least  a  few  hours  each  day.     (Canon  1266.) 

1110.  In  a  religious  house,  or  pious  institute,  the  Blessed 
Sacrament  cannot  be  kept  except  in  the  church  or  principal  ora- 
tory, and  in  the  monasteries  of  nuns  with  solemn  vows  it  cannot 
be  kept  inside  the  choir  or  the  enclosure ;  all  privileges  to  the  con- 
trary are  revoked.     (Canon  1267.) 

1111.  The  Blessed  Sacrament  cannot  habitually  be  kept  on 
more  than  one  altar  of  a  church. 

It  should  be  placed  in  the  most  prominent  and  best  orna- 
mented place  in  church  and,  therefore,  as  a  rule  on  the  main  al- 
tar unless  another  altar  is  more  convenient  and  appropriate  for 
the  veneration  and  cult  of  this  great  Sacrament.  The  liturgical 
laws  concerning  the  last  three  days  of  Holy  Week  are  to  be  ob- 
served. 

In  cathedral,  collegiate  and  conventual  churches  in  which 
choral  functions  are  conducted  at  the  main  altar,  it  is,  as  a  rule, 
more  convenient  not  to  keep  the  Blessed  Sacrament  on  the  main 
altar  but  on  a  side  altar,  in  order  that  the  Blessed  Sacrament  may 
not  be  an  impediment  to  such  functions. 

The  rectors  of  churches  should  see  to  it  that  the  altar  of  the 
Blessed  Sacrament  be  above  all  others  decorated  and  ornamented, 
so  as  to  move  the  faithful  to  greater  piety  and  devotion.  (Canon 
1268.) 

1112.  The  Blessed  Sacrament  must  be  kept  in  an  immov- 
able tabernacle,  placed  in  the  middle  of  the  altar. 

The  tabernacle  should  be  beautifully  constructed  securely 
closed  on  all  sides,  properly  ornamented  in  accordance  with  the 
liturgical  laws,  free  from  all  other  things,  and  guarded  so  well 
that  there  is  no  danger  of  profanation. 

For  a  grave  reason  and  with  the  approval  of  the  bishop  it  is 
lawful  to  take  the  Blessed  Sacrament  out  of  the  tabernacle  over 
night  and  to  keep  it  in  a  safer  but  decent  place  on  a  corporal,  and 
with  a  light  burning  before  it. 


CULT  OF  THE  BLESSED  SACRAMENT  261 

The  key  of  the  tabernacle  in  which  the  Blessed  Sacrament 
is  kept  must  be  most  carefully  guarded;  this  is  a  grave  obligation 
of  conscience  on  the  part  of  the  priest  who  has  charge  of  the 
church  or  oratory.  (Canon  1269.) 

1113.  A  sufficient  number  of  particles  for  the  Communion 
of  the  sick  and  of  the  faithful  in  general  shall  always  be  kept  in 
a  pyx  of  solid  and  respectable  material,  and  it  must  be  kept  clean 
and  well  covered,  and  veiled  with  a  veil  of  white  silk.     (Canon 
1270.) 

1114.  Before  the  tabernacle  in  which  the  Blessed  Sacra- 
ment is  kept,  there  should  burn  at  least  one  lamp  day  and  night 
fed  either  with  olive  oil  or  bee's  wax.     Where  olive  oil  is  not 
easily  obtainable,  the  bishop  may  according  to  his  prudent  judg- 
ment allow  the  use  of  other  oils,  which  should,  as  far  as  possible, 
be  vegetable  oils.     (Canon  1271.) 

1115.  The  consecrated  hosts,  either  for  the  Communion 
of  the  faithful  or  for  the  exposition  of  the  Blessed  Sacrament 
must  be  fresh  and  are  to  be  renewed  frequently,  consuming  the 
consecrated  species  as  prescribed,  so  that  there  may  be  no  danger 
of  corruption.    The  instructions  of  the  Ordinary  in  this  matter 
must  be  faithfully  observed.     (Canon  1272.) 

1116.  Those  whose  work  it  is  to  give  religious  instruction 
to  the  faithful,  shall  not  neglect  to  excite  in  their  minds  devotion 
towards  the  Blessed  Eucharist  and  to  admonish  them  to  assist  at 
Holy  Mass  and  to  visit  the  Blessed  Sacrament  not  only  on  Sun- 
days and  holidays  of  obligation,  but  also  frequently  during  the 
week.     (Canon  1273.) 

1117.  In  churches  and  oratories  that  have  received  per- 
mission to  keep  the  Blessed  Sacrament,  private  exposition,  that 
is  to  say  with  the  ciborium,  can  be  held  for  any  good  reason  also 
without  permission  of  the  Ordinary.     Public  exposition,  that  is 
to  say,  with  the  ostensorium,  may  be  held  in  all  churches  on  the 
feast  of  Corpus  Christi  and  during  the  octave,  both  during  Holy 
Mass  and  at  vespers.    At  other  times,  public  exposition  may  be 
held  only  for  good  and  serious  reasons,  with  permission  of  the 
bishop,  and  this  permission  is  required  also  in  churches  of  ex- 
empt regulars. 

The  exposition  and  reposition  of  the  Blessed  Sacrament  may 
be  done  by  either  priest  or  deacon ;  the  priest  only  can  give  bene- 
diction with  the  Blessed  Sacrament ;  the  deacon  is  not  allowed  to 


262  THE   NEW   CANON  LAW 

give  it  except  in  the  case  where  he,  according  to  Canon  845,  §  2, 
takes  the  holy  viaticum  to  the  sick.     (Canon  1274.) 

1118.  The  Forty  Hours'  Devotion  shall  as  solemnly  as 
possible  be  celebrated  in  all  parochial  and  other  churches  where 
the  Blessed  Sacrament  is  habitually  preserved  on  the  days  fixed 
by  the  bishop.     Where  the  exposition  cannot  without  great  in- 
convenience or  danger  of  irreverence  be  continued  day  and  night 
for  forty  consecutive  hours,  the  Ordinary  should  arrange  that 
the  exposition  is  held  for  several  hours  of  the  day  on  certain 
days.    (Canon  1275.) 

TITLE  XVI 

The  Cult  of  the  Saints,  of  Sacred  Images  and  Relics. 

1119.  The  veneration  of  the  servants  of  God  reigning  with 
Christ,  and  of  their  relics  and  images,  is  good  and  useful ;  all  the 
faithful  should  above  all  honor  with  filial  affection  the  blessed 
Virgin  Mary.     (Canon  1276.) 

1120.  Only  those  servants  of  God  may  be  publicly  vene- 
rated who  have  been  inserted  by  the  Church  in  the  catalog  of  the 
Saints  or  Blessed. 

Those  proclaimed  Saints  by  the  Church  are  to  receive  the 
cult  of  dulia,  and  they  may  be  honored  throughout  the  universal 
Church  with  any  of  the  acts  of  that  form  of  worship;  the 
Blessed,  however,  cannot  be  venerated  publicly  except  in  the 
places  and  in  the  form  specified  by  the  Roman  Pontiff.  ( Canon 
1277.) 

1121.  The  Saints  of  nations,  dioceses,  provinces,  confra- 
ternities, religious  organizations,  and  of  other  places  and  organi- 
zations, may  laudably  be  chosen  as  patrons,  and  when  the  Holy 
See  confirms  such  election  they  are  constituted  as  the  patrons; 
the  Blessed  cannot  be  chosen  without  a  special  indult  of  the  Hob; 
See.     (Canon  1278.) 

1122.  No  one  is  without  the  approval  of  the  Ordinary  al- 
lowed to  place,  or  cause  to  be  placed,  in  any  church  including 
those  exempt,  or  in  any  other  sacred  places,  an  unusual  picture. 

The  Ordinary  shall  not  approve  sacred  images,  to  be  ex- 
posed to  the  veneration  of  the  faithful,  that  do  not  agree  with 
the  approved  usage  of  the  Church. 

The  Ordinary  shall  not  allow  in  church  and  other  sacred 


THE  CULT  OF  THE  SAINTS  263 

places  representations  which  are  dogmatically  incorrect,  or  are 
not  executed  with  proper  decency  and  respect,  or  may  give  to 
ignorant  people  an  occasion  of  error. 

If  the  images  exposed  for  public  veneration  are  to  be 
solemnly  blessed,  such  blessing  is  reserved  to  the  Ordinary,  who 
may,  however,  delegate  a  priest  for  that  purpose.  (Canon 
1279.) 

1123.  Precious  images,  that  is  to  say,  such  that  are  valu- 
able for  their  antiquity,  art  or  veneration,  and  exposed  for  public 
worship  of  the  faithful  in  churches  and  public  oratories,  must, 
when  in  need  of  repair,  not  be  restored  without  the  written  con- 
sent of  the  Ordinary,  who  shall,  before  giving  the  permission, 
consult  experts  in  the  matter.     (Canon  1280.) 

1124.  Prominent  relics  and  images  of  great  value,  and  any 
relic  or  image  which  are  honored  by  great  veneration  of  the 
people,  cannot  validly  be  given  away,  nor  be  perpetually  trans- 
ferred to  another  church,  without  permission  of  the  Holy  See. 

Prominent  relics  of  Saints  or  Blessed  are  the  entire  body, 
or  the  head,  arm,  forearm,  heart,  tongue,  hand,  leg,  or  that  part 
of  the  body  in  which  the  martyr  suffered,  provided  it  be  entire 
and  not  small.  (Canon  1281.) 

1125.  Prominent  relics  of  Saints  or  Blessed  may  not  be 
kept  in  private  houses  and  private  oratories  without  explicit  per- 
mission of  the  Ordinary. 

Small  relics  may  be  kept  with  due  honor  in  the  houses  of  the 
faithful,  or  carried  on  their  persons.  (Canon  1282.) 

1126.  Only  those  relics  may  be  exposed  to  public  venera- 
tion in  any,  even  exempt,  churches  which  are  authenticated  by 
document  of  a  Cardinal,  or  the  bishop  of  the  diocese,  or  by  an- 
other ecclesiastic  who  has  by  Apostolic  indult  the  faculty  to  au- 
thenticate relics. 

The  vicar  general  cannot  authenticate  relics  without  a  spe- 
cial mandate  of  the  Ordinary.  (Canon  1283.) 

1127.  The   local   Ordinaries   should   prudently  withdraw 
from  the  veneration  of  the  people  relics  which  they  do  not  know 
with  certainty  to  be  genuine.     (Canon  1284.) 

1128.  If  the  document  of  authentication  of  sacred  relics 
has  been  lost  through  civil  disturbances,  or  for  any  other  cause, 
the  relics  must  not  be  exposed  to  public  veneration  until  the 


264  THE  NEW  CANON  LAW 

bishop  has  given  his  approval ;  the  vicar  general  requires  a  special 
mandate  of  the  Ordinary  to  act  in  this  matter. 

Relics  venerated  from  ancient  times  are  to  continue  to  re- 
ceive the  same  veneration,  unless  in  some  particular  case  it  is 
known  with  certainty  that  they  are  false  or  supposititious. 
(Canon  1285.) 

1129.  The  local  Ordinaries  shall  forbid  the  discussion  of 
questions  concerning  the  authenticity  of  sacred  relics,  especially 
by  words  exciting  ridicule  and  contempt  of  educated  people,  in 
sermons,  books,  papers  and  magazines  intended  for  devotional 
purposes,  when  their  authenticity  is  objected  to  from  mere  con- 
jecture,   or   only   probable    reason,    or   prepossessed    opinions. 
(Canon  1286.) 

1130.  Relics  that  are  to  be  exposed  must  be  enclosed  in  a 
case  and  sealed. 

Relics  of  the  Holy  Cross  must  never  be  exposed  to  the  vene- 
ration of  the  public  enclosed  in  the  same  case  with  relics  of  the 
Saints,  but  must  be  placed  in  a  separate  case. 

The  relics  of  the  Blessed  must  not  without  special  indult  be 
carried  in  processions,  nor  exposed  in  any  other  churches  than 
those  to  which  the  Holy  See  has  given  the  faculty  to  say  their 
office  and  Mass.  (Canon  1287.) 

1131.  The  relics  of  the  Holy  Cross  which  the  bishop  may 
have  in  his  pectoral  cross  become  the  property  of  the  cathedral 
church  at  his  death,  to  be  transmitted  to  the  succeeding  bishop. 
If  the  deceased  bishop  had  the  government  of  several  dioceses, 
the  relic  is  to  belong  to  the  cathedral  church  of  the  diocese  in 
which  he  died;  if  he  died  outside  the  diocese,  to  that  diocese  from 
which  he  last  departed.     (Canon  1288.) 

1132.  It  is  forbidden  to  sell  sacred  relics.    The  Ordinaries, 
deans,  pastors  and  others  having  the  care  of  souls  shall  watch 
that  the  sacred  relics,  especially  those  of  the  Holy  Cross,  are  not 
sold  together  with  the  inheritance  and  with  sale  of  other  goods, 
nor  pass  into  the  hands  of  non-Catholics. 

The  rectors  of  churches,  and  others  whose  duty  this  is,  shall 
zealously  watch  that  the  relics  are  not  in  any  way  profaned,  or 
are  lost  through  carelessness  of  people,  or  are  kept  in  a  manner 
showing  want  of  proper  respect.  (Canon  1289.) 


SACRED  PROCESSIONS  265 

TITLE  XVII. 
Sacred  Processions. 

1133.  By  the  term  sacred  processions  are  meant  the  solemn 
supplications  made  marching  in  order  under  the  leadership  of 
the  clergy  from  one  sacred  place  to  another  for  the  purpose  of 
stirring  up  the  devotion  of  the  people,  or  to  commemorate  God's 
benefits  and  to  thank  Him,  or  to  implore  Divine  help. 

Ordinary  processions  are  those  held  on  fixed  days  of  the 
year  according  to  the  rules  of  the  liturgical  books  or  the  custom 
of  the  churches;  extraordinary  those  appointed  on  other  days 
for  some  public  cause.  (Canon  1290.) 

1134.  Unless  immemorial  custom  or  the  circumstances  of 
places  demand,  in  the  judgment  of  the  bishop,  otherwise,  there 
shall  be  but  one  solemn  and  public  procession  through  the  streets 
of  a  town  or  city  on  the  feast  of  Corpus  Christi,  to  be  held  by 
the  church  first  in  rank  of  dignity.    In  this  procession  must  take 
part  all  the  secular  clergy  and  the  religious  communities  of  men, 
also  the  exempt  religious,  and  the  confraternities  of  laymen. 
Regulars  who  perpetually  live  in  strict  enclosure,  and  those  who 
are  more  than  three  miles  from  the  town  or  city,  need  not  come 
to  the  procession. 

The  other  parishes  and  churches,  secular  or  religious,  may 
during  the  octave  institute  their  own  processions  outside  their 
church;  where  there  are  several  churches,  the  Ordinary  shall  ap- 
point for  each  the  day,  hour  and  course  of  the  procession. 
(Canon  1291.) 

1135.  The  Ordinary  with  the  advice  of  the  cathedral  Chap- 
ter may  for  a  public  cause  order  extraordinary  processions,  at 
which,  the  same  as  at  ordinary  ones,  all  those  spoken  of  in 
Canon  1291,  §  1,  must  take  part.    (Canon  1292.) 

1136.  The  religious,  exempt  or  non-exempt,  cannot  hold 
processions  outside  their  churches  and  cloister  without  the  per- 
mission of  the  Ordinary,  with  the  exception  of  the  Corpus  Christi 
procession  spoken  of  in  Canon  1291,  §  2.     (Canon  1293.) 

1137.  Neither  the  pastor  nor  anyone  else  is  allowed  with- 
out permission  from  the  bishop  to  introduce  new  processions  or 
to  change  or  abolish  the  usual  ones. 

At  the  processions  proper  to  any  church  all  the  clergy  at- 
tached to  that  church  must  be  present.  (Canon  1294.) 


266  THE  NEW  CANON  LAW 

1138.  The  Ordinary  shall  see  to  it  that  the  processions  are 
performed  in  good  order,  stopping  all  abuse  that  might  have 
crept  in,  so  that  in  these  pious  and  religious  acts  proper  sobriety 
and  reverence  may  be  observed  by  all.     (Canon  1295.) 

TITLE  XVIII. 
Sacred  Utensils. 

1139.  The    sacred    utensils,    specially    those    which    are 
blessed  or  consecrated   for  use  in  the  public  worship   of  the 
Church,  are  to  be  carefully  guarded  in  the  sacristy  of  the  church, 
or  in  another  safe  and  decent  place,  and  must  not  be  used  for 
profane  purposes. 

As  prescribed  by  Canon  1522,  §  2,  §  3,  an  inventory  shall 
be  made  and  carefully  kept  of  all  the  sacred  utensils. 

The  material  and  form  of  the  sacred  utensils  must  be  in 
conformity  with  the  liturgical  laws,  with  ecclesiastical  tradition, 
and,  as  far  as  possible,  with  the  laws  of  sacred  art.  (Canon 
1296.) 

1140.  Those  who  are,  according  to  Canon  1186,  obliged 
to  attend  to  the  repairs  of  the  church  edifice  are  also  to  provide 
the  necessary  utensils   for  Divine  worship,   unless  other  pro- 
visions are  made.     (Canon  1297.) 

1141.  The   sacred    utensils,    and   all    other    objects    per- 
petually destined  for  Divine  worship,  in  the  possession  of  a  de- 
ceased Cardinal,  who  had  his  domicile  in  the  City  of   Rome 
though  he  was  a  suburban  bishop  or  an  abbot  nullius,  belong  to 
the  papal  treasury,  no  matter  by  what  kind  of  revenue  they  were 
acquired,  unless  the  Cardinal  donated  or  willed  them  by  testa- 
ment to  some  church,  public  oratory,  pious  institution,  or  to  an 
ecclesiastical  or  religious  person.    The  rings  and  pectoral  crosses, 
also  those  with  sacred  relics,  are  excepted  from  this  rule. 

It  is  to  be  desired  that  the  Cardinal  who  wishes  to  make 
use  of  the  faculty  to  donate  or  will  his  sacred  utensils,  should 
leave  at  least  a  part  of  them  to  the  churches  of  which  he  held 
the  title,  administration  or  trust.  (Canon  1298.) 

1142.  The  sacred  utensils  of  a  deceased  residential  bishop, 
though  vested  with  the  Cardinalitial  dignity,  accrue  to  his  cathe- 
dral church,  with  the  exception  of  the  rings  and  pectoral  crosses 
with  or  without  relics,  and  all  sacred  utensils  of  any  kind  which 


SACRED  UTENSILS  267 

can  be  proved  to  have  been  acquired  by  the  deceased  bishop  with 
other  than  the  funds  of  the  diocese,  and  have  not  been  turned 
over  to  the  proprietorship  of  the  church.  The  pectoral  cross 
with  relics  of  the  Holy  Cross  must,  according  to  Canon  1288, 
remain  with  the  bishop's  see  for  the  use  of  the  succeeding  bishop. 

If  the  deceased  bishop  ruled  two  or  more  dioceses  in  suc- 
cession, or  at  the  same  time  presided  over  two  or  more  dioceses 
which  had  been  united,  or  which  were  given  to  him  for  per- 
petual administration,  each  diocese  having  its  own  proper  cathe- 
dral church,  the  sacred  utensils  of  the  bishop  that  are  known  to 
have  been  acquired  by  the  funds  of  one  only  of  these  dioceses 
accrue  to  the  cathedral  of  that  diocese;  otherwise  they  must  be 
equally  divided  between  the  various  cathedral  churches,  provided 
the  revenues  of  the  dioceses  are  not  divided,  but  constitute  per- 
petually only  one  mensa  episcopalis;  if  the  revenues  of  each 
cathedral  are  kept  separate,  the  sacred  utensils  are  to  be  divided 
between  the  several  cathedral  churches  in  proportion  to  the 
amount  of  revenue  the  bishop  received  from  each  church,  and  the 
length  of  time  he  presided  over  the  churches. 

The  bishop  is  obliged  to  make  an  inventory  in  authentic 
form  of  the  sacred  utensils  in  which  he  should  truthfully  state 
when  they  were  acquired,  and  point  out  distinctly  those  utensils 
which  he  did  not  obtain  by  church  funds,  but  either  bought  with 
his  own  money  or  acquired  by  personal  donations ;  otherwise  the 
law  presumes  that  all  were  acquired  by  church  funds.  (Canon 
1299.) 

1143.  The  rules  of  the  preceding  Canon  are  also  to  be 
applied  to  a  cleric  who  obtained  a  secular  or  religious  benefice  in 
any  church.     (Canon  1300.) 

1144.  Cardinals,  residential  bishops  and  all  other  clerics 
are  bound  to  take  care  that  by  a  last  will,  or  other  document 
drawn  up  in  the  form  recognized  by  civil  law  the  canonical  laws 
laid  down  in  Canons  1298-1300  may  have  effect  also  in  the  civil 
courts. 

Wherefore  they  shall  in  good  time  appoint,  in  a  manner 
recognized  by  civil  law,  a  person,  according  to  Canon  380,  who 
at  their  death  shall  take  possession  not  only  of  the  sacred  uten- 
sils, but  also  of  all  books,  documents,  and  all  other  goods  belong- 
ing to  the  church,  found  in  their  house,  and  send  them  where 
they  belong.  (Canon  1301.) 


268  THE  NEW  CANON  LAW 

1145.  The  rectors  of  churches  and  all  others  to  whom  the 
care  of  sacred  utensils  is  entrusted  shall  see  to  it  that  they  are 
kept  in  good  condition.     (Canon  1302.) 

1146.  The  cathedral  church  must  furnish  the  bishop  gra- 
tuitously with  the  sacred  utensils  and  all  other  objects  he  needs 
for  the  celebration  of  Holy  Mass,  and  of  other  pontifical  func- 
tions, even  when  he  celebrates  privately,  not  only  in  the  cathe- 
dral church,  but  also  in  other  churches  of  the  episcopal  city  or 
its  suburbs. 

If  a  church  is  very  poor  the  Ordinary  can  permit  that  a 
moderate  fee  is  demanded  of  priests  saying  Holy  Mass  there,  to 
cover  the  expenses  for  the  sacred  utensils  and  other  things  needed 
for  Holy  Mass. 

The  bishop,  or  by  special  mandate  the  vicar  general  and 
vicar  capitular,  has  the  right  to  define  the  amount  of  the  fee  and 
no  one,  not  even  exempt  religious,  are  allowed  to  demand  more. 

The  bishop  should,  if  possible,  define  the  fee  for  the  whole 
diocese  at  the  time  of  the  synod,  otherwise  outside  the  synod 
with  the  advice  of  the  Chapter.  (Canon  1303.) 

1147.  The  power  of  blessing  those  sacred  utensils  which 
must,  according  to  the  liturgical  laws  be  blessed  before  they  are 
used  for  their  proper  purpose,  is  given  to  : 

1 .  all  Cardinals  and  bishops ; 

2.  local  Ordinaries  not  having  episcopal  consecration,  for 
the  churches  and  oratories  of  their  own  territory; 

3.  pastors  for  the  churches  and  oratories  within  the  limits 
of  their  parish,  and  rectors  of  churches  for  their  churches; 

4.  priests  delegated  by  the  Ordinary,  within  the  limits  of 
the  delegation  and  the  jurisdiction  of  the  delegating  Ordinary; 

5.  religious  superiors,  and  priests  of  the  same  Order  dele- 
gated by  them,  for  their  own  churches  and  oratories,  and  for  the 
churches  of  the  nuns  subject  to  them.     (Canon  1304.) 

1148.  Sacred  utensils  that  have  been  blessed  or  consecrated 
lose  their  blessing  or  consecration : 

1.  if  they  suffered  such  damage  or  change  that  they  lost 
their  original  shape  and  are  no  longer  fit  for  their  purpose ; 

2.  if  they  have  been  used    for   unbecoming   purposes,    or 
have  been  exposed  for  public  sale. 

Chalice  and  paten  do  not  lose  their  consecration  by  the  wear- 
ing off  or  renewal  of  the  gold  plating,  saving  the  grave  obliga- 


VOW  269 

tion  of  having  the  gold  plating  renewed  when  worn  out.    (Canon 
1305.) 

1149.  Care  must  be  taken  that  the  chalice  and  paten,  and 
unwashed  purificators,  palls  and  corporals,  are  not  touched  ex- 
cept by  clerics  or  those  who  have  the  custody  of  these  utensils. 

The  purificators,  palls  and  corporals  used  in  the  Holy  Mass 
shall  not  be  given  to  lay  persons,  even  religious,  to  be  washed 
until  they  have  first  been  washed  by  a  cleric  in  major  orders ;  the 
water  of  the  first  washing  shall  be  poured  into  the  sacrariutn, 
or,  if  there  is  none,  into  the  fire.  (Canon  1306.) 

TITLE  XIX. 

Vow  and  Oath. 

CHAPTER  I. 

Vow. 

1150.  A  vow  is  a  free  and  deliberate  promise  to  God  of 
something  possible  and  better,  and  it  imposes  an  obligation  by 
reason  of  the  virtue  of  religion. 

All  persons  having  sufficient  use  of  reason  in  proportion 
to  the  object  of  the  vow,  may  make  a  vow  unless  they  are  forbid- 
den by  law. 

A  vow  made  from  grave,  unjust  fear  is  invalid  by  the  very 
fact.  (Canon  1307.) 

1151.  A  vow  is  called  public,  if  it  is  accepted  in  the  name 
of  the  Church  by  a  legitimate  ecclesiastical  superior;  otherwise 
it  is  private; 

Solemn,  if  recognized  as  such  by  the  Church;  otherwise  it 
is  simple; 

Reserved,  if  dispensation  from  it  can  be  given  only  by  the 
Holy  See; 

Personal,  if  an  act  of  the  person  making  the  vow  is  prom- 
ised; Real,  if  some  object  is  promised;  Mixed,  if  it  partakes  of 
the  nature  of  both,  personal  and  real  vow.  (Canon  1308.) 

1152.  Of  private  vows  there  are  reserved  to  the  Holy  See 
these  two:  the  vow  of  perfect  and  perpetual  chastity,  and,  the 
vow  to  enter  a  religious  Order  in  which  solemn  vows  are  taken, 
if  they  are  made  unconditionally,  and  after  the  completion  of 
the  eighteenth  year  of  age.     (Canon  1309.) 


270  THE  NEW  CANON  LAW 

1153.  By  virtue  of  a  vow  no   one   else   except  the   one 
making  the  vow  is  held. 

The  obligation  of  a  real  vow  goes  over  to  the  heirs,  as  also 
the  mixed  vow  to  the  extent  as  it  is  real.  (Canon  1310. ) 

1 154.  The  vow  ceases  in  the  following  cases  :  when  the  time 
expires  which  was  annexed  to  it  for  the  finishing  of  the  obliga- 
tion; by  substantial  change  of  the  object  which  was  promised;  by 
cessation  of  the  condition  on  which  a  vow  was  made  dependent 
or  its  final  purpose;  by  irritation,   dispensation,  commutation. 
(Canon  1311.) 

1155.  He  who  has  dominative  power  over  the  will  of  the 
person  making  a  vow,  can  annul  his  or  her  vows  validly,  and  for 
good  cause  also  licitly,  so  that  its  obligation  does  in  no  way  re- 
vive afterwards. 

He  who  has  not  indeed  power  over  the  will  of  another,  but 
over  the  matter  which  is  made  the  object  of  the  promise,  can  sus- 
pend the  obligation  of  the  vow  for  such  a  length  of  time  as  the 
fulfilment  of  the  vow  would  be  to  his  prejudice.  (Canon  1312.) 

1156.  Vows  which  are  not  reserved,  and  the  dispensation 
from  which  does  not  injure  the  acquired  rights  of  a  third  party, 
may  for  good  reason  be  dispensed  with : 

1.  by  the  Ordinary  of  the  diocese,  who  can  dispense  all  his 
subjects  and  the  peregrini; 

2.  the  religious  superior  in  clerical  exempt  religious  com- 
munities, who  dispenses  his  subjects  in  the  Order,  and  all  those 
habitually  living  under  the  same  roof  with  his  religious ; 

3.  persons  delegated  by  the  Holy  See  to  dispense  from 
vows.    (Canon  1313.) 

1157.  The  good  work  promised  in  a  non-reserved  vow  can 
be  commuted  into  a  better,  or  an  equal  one,  by  the  individual  him- 
self who  made  the  vow;  but  for  changing  it  into  a  lesser  work 
the  power  of  dispensation  is  required,  according  to  the  rules  of 
the  foregoing  Canon.     (Canon  1314.) 

1158.  Vows  made  before  entering  a  religious  community 
are  suspended  as  long  as  the  person  remains  in  the  religious  life. 
(Canon  1315.)  CHApTER  II. 

Oath. 

1159.  An  oath,  which  is  an  invocation  of  the  Divine  name 
in  witness  of  the  truth,  cannot  be  taken  except  with  truth,  judg- 
ment and  justice. 


OATH  271 

An  oath  which  the  Canons  demand  or  permit  cannot  validly 
be  taken  by  proxy.  ( Canon  1316.) 

1160.  The  person  who  freely  takes  an  oath  to  do  some 
work  is  held  by  the  special  obligation  of  religion  to  do  what  he 
has  promised  under  oath. 

An  oath  exacted  by  violence  or  grave  fear  is  valid,  but  it 
may  be  released  by  the  ecclesiastical  superior. 

An  oath,  made  without  violence  or  deceit,  by  which  a  per- 
son renounces  some  private  good  or  favor  given  him  by  the  law 
itself  must  be  observed  whenever  it  does  not  involve  the  ruin  of 
the  soul.  (Canon  1317.) 

1161.  A  promissory  oath  follows  the  nature  and  conditions 
of  the  act  to  which  the  oath  is  added. 

If  an  act  involving  directly  the  damage  of  others,  or  the 
prejudice  of  the  common  weal,  or  eternal  salvation,  is  confirmed 
by  an  oath,  the  act  does  not  thereby  acquire  any  firmness.  (Canon 
1318.) 

1162.  The  obligation  induced  by  a  promissory  oath  ceases: 

1.  if  it  is  released  by  him  in  whose  favor  the  oath  was 
made; 

2.  if  the  object  promised  by  oath  has  changed  substantially, 
or  if,  on  account  of  changed  circumstances  the  oath  becomes 
either  sinful  or  altogether  a  matter  of  indifference,  or,  finally, 
if  it  impedes  a  higher  good ; 

3.  if  the  final  purpose  or  the  condition  under  which  the 
oath  was  taken  ceases ; 

4.  by  annulment,  dispensation,  commutation,  according  to 
Canon  1320.    (Canon  1319.) 

1163.  Those  who  have  the  power  to  annul,  dispense,  com- 
mute vows,  have  the  same  power  also  over  a  promissory  oath; 
if,  however,  the  dispensation  from  an  oath  turns  to  the  prejudice 
of  others  who  are  not  willing  to  remit  the  obligation,  the  Holy 
See  alone  can  dispense  from  such  an  oath  for  reason  of  the  neces- 
sity or  utility  of  the  Church.     (Canon  1320.) 

1164.  An  oath  must  be  strictly  interpreted,  according  to 
law,  and  the  intention  of  the  person  taking  the  oath,  or,  if  he 
should  act  with  deceit,  according  to  the  intention  of  the  one  to 
whom  the  oath  was  made.     (Canon  1321.) 


272  THE  NEW  CANON  LAW 

PART  IV. 
THE  TEACHING  AUTHORITY  OF  THE  CHURCH. 

1165.  The  Lord  Jesus  Christ  confided  to  the  Church  the 
deposit  of  faith,  in  order  that  she,  with  the  perpetual  assistance 
of  the  Holy  Ghost,  may  faithfully  preserve  and  expound  the  re- 
vealed doctrine. 

The  Church  has  independently  of  any  civil  power  the  right 
and  the  duty  to  teach  all  nations  the  evangelical  doctrine ;  and  all 
are  bound  by  Divine  law  to  learn  this  doctrine,  and  to  embrace 
the  true  Church  of  God.  (Canon  1322.) 

1166.  By  Divine  and  Catholic  faith  must  be  believed  all 
those  truths  contained  in  the  written  or  traditional  Word  of  God, 
and  which  are  either  in  solemn  judgment  or  by  the  ordinary  and 
universal   teaching   authority,    proposed   to   our   belief   by   the 
Church,  as  Divinely  revealed  truths. 

The  solemn  judgment  in  this  matter  is  reserved  either  to  a 
General  Council,  or  to  the  Roman  Pontiff  speaking  ex  cathedra, 
that  is  to  say,  in  his  supreme,  teaching  authority. 

No  part  of  the  religious  teaching  is  to  be  understood  as  dog- 
matically declared  and  defined,  unless  such  declaration  or  defini- 
tion is  clearly  known  to  have  been  made.  (Canon  1323.) 

1167.  It  is  not  sufficient  to  avoid  heretical  error,  but  also 
all  those  errors  which  more  or  less  approach  heresy.    Wherefore 
all  constitutions  and  decrees  by  which  the  Holy  See  has  con- 
demned and  prohibited  such  false  opinions  must  be  observed. 
(Canon  1324.) 

1168.  The  faithful  are  in  conscience  obliged  to  profess 
their  faith  publicly  whenever  their  silence,  subterfuge,  or  manner 
of  acting,  imports  an  implicit  denial  of  their  faith,  a  contempt 
of  religion,  or  an  insult  to  God,  or  scandal  to  the  neighbor. 

A  baptized  Christian,  who  calls  himself  a  Christian,  yet 
obstinately  denies  or  calls  into  doubt  any  of  the  truths  to  be 
believed  by  Divine  and  Catholic  faith,  is  a  heretic;  if  he  aban- 
dons the  Christian  faith  altogether  he  is  called  an  apostate;  if, 
finally,  he  refuses  to  be  subject  to  the  Supreme  Pontiff,  or  to  have 
communication  with  the  members  of  the  Church  subject  to  the 
Roman  Pontiff,  he  is  a  schismatic. 

The  Catholics  shall  not  enter  into  any  dispute  or  confer- 
ences with  non-Catholics,  especially  public  ones,  without  permis- 


PREACHING  OF  THE  WORD  OF  GOD  273 

sion  of  the  Holy  See,  or,  in  urgent  case,  of  the  Ordinary.    (Canon 
1325.) 

1169.  The  bishops  also,  though  not  possessing,  either  indi- 
vidually nor  in  particular  councils,  the  authority  of  infallible 
teachers,  are,  under  the  authority  of  the  Roman  Pontiff,  truly 
doctors  and  teachers  for  the  faithful  committed  to  their  care. 
(Canon  1326.) 

TITLE  XX. 

Preaching  of  the  Word  of  God. 

1170.  The  office  of  preaching  the  Catholic  faith  is  prin- 
cipally committed  to  the  Roman  Pontiff  for  the  universal  Church, 
and  to  the  bishops  for  the  subjects  of  their  diocese. 

The  bishops  are  bound  to  preach  in  person  the  holy  Gospel, 
unless  they  are  legitimately  impeded;  in  addition  they  must  em- 
ploy, besides  the  pastors,  the  help  of  other  qualified  persons  for 
the  salutary  fulfilment  of  the  office  of  preaching.  (Canon  1327.) 

1171.  No  one  is  allowed  to  exercise  the  ministry  of  preach- 
ing unless  he  has  received  commission  from  the  legitimate  su- 
perior, by  special  faculty  or  by  appointment  to  an  office  to  which 
the  office  of  preaching  is  attached  by  the  sacred  Canons.    (Canon 
1328.) 

CHAPTER  I. 

Catechetical  Instruction. 

1172.  It  is  the  proper  and  most  serious  office  of  the  pastors 
of  souls  to  attend  to  the  catechetical  instruction  of  the  Christian 
people.     (Canon  1329.) 

1173.  The  pastor  must: 

1.  at  stated  times  each  year  prepare,  by  instructions  on 
several  days  in  succession,  the  children  for  the  reception  of  the 
Sacraments  of  Penance  and  Confirmation; 

2.  prepare  the  children  with  all  possible  care,  preferably 
in  Lent  if  nothing  stands  in  the  way,  to  receive  first  holy  Com- 
munion worthily.     (Canon  1330.) 

1174.  Besides  the  instructions  for  first  holy  Communion, 
spoken  of  in  the  preceding  Canon,  the  pastor  shall  instruct  more 
fully  in  Christian  doctrine  the  children  who  recently  made  their 
first  Communion.     (Canon  1331.) 

1175.  On  Sundays  and  other  holidays  of  obligation  the 


274  THE  NEW  CANON  LAW 

pastor  must  at  an  hour  more  convenient  for  the  majority  of 
the  faithful  give  catechetical  instruction  to  the  adults,  in  such  a 
form  as  is  best  suited  to  their  capacity.  (Canon  1332.) 

1176.  The  pastor  must,  for  the  purpose  of  religious  in- 
struction of  the  children,  if  he  is  legitimately  impeded,  employ 
the  help  of  other  priests  in  the  parish,  and  also,  if  necessary,  of 
pious  lay  people,  especially  those  who  belong  to  the  sodality  of 
Christian  Doctrine,  or  a  similar  society  established  in  the  parish. 

The  priests  and  other  clerics,  unless  excused  by  legitimate 
impediment,  must  assist  their  own  pastor  in  this  most  holy  work, 
and  they  can  be  commanded  to  do  so  by  the  Ordinary,  also  under 
threat  of  ecclesiastical  penalties.  (Canon  1333.) 

1177.  If  according  to  the  judgment  of  the  bishop  the  help 
of  the  religious  is  deemed  necessary  for  the  catechetical  instruc- 
tion of  the  people,  the  religious  superiors,  even  though  exempt, 
are  obliged,  when  so  requested  by  the  bishop,  to  give  catechetical 
instruction  either  in  person  or  through  their  subjects,  especially 
in  their  own  churches,  without,  however,  any  detriment  to  re- 
ligious discipline.     (Canon  1334.) 

1178.  Not  only  the  parents,  but  also  all  others  holding  the 
place  of  the  parents,  also  masters  and  God-parents,  are  obliged  in 
conscience  to  see  to  it  that  those  subject  or  commended  to  them 
receive  catechetical  instruction.     (Canon  1335.) 

1179.  Local  Ordinaries  have  the  right  to  pass  regulations 
concerning  the  teaching  of  Christian  doctrine  to  the  people,  and 
exempt  religious  are  also  bound  to  observe  those  rules  whenever 
they  teach  non-exempt  persons.     (Canon  1336.) 

CHAPTER  II. 
Sacred  Preaching. 

1180.  The  faculty  of  preaching,  for  the  secular  clergy  as 
well  as  for  the  non-exempt  religious,  can  be  given  only  by  the 
local  Ordinary  in  his  diocese.     (Canon  1337.) 

1181.  If  a  sermon  is  to  be  given  only  to  the  exempt  re- 
ligious and  to  persons  of  their  household,  the  religious  superior 
of  a  clerical  exempt  community,  who  has  this  right  according  to 
the  constitutions,  grants  the  faculty ;  he  can  also  give  this  faculty 
to  secular  priests,  and  to  those  of  another  Religious  Order,  pro- 
vided they  have  been  declared  qualified  by  their  Ordinary  or  by 
their  religious  superior. 


SACRED  PREACHING  275 

If  a  sermon  is  to  be  given  to  others,  also  to  nuns  subject  to 
the  regulars,  the  faculty  of  preaching  must  be  obtained,  by  both 
secular  and  exempt  religious  priests,  from  the  Ordinary  of  the 
place  where  the  sermon  is  to  be  given;  the  preacher  who  is  to 
address  exempt  nuns  needs,  moreover,  the  permission  of  their 
religious  superior. 

The  faculty  of  preaching  to  the  members  of  an  exempt 
laical  Order  is  to  be  given  by  the  Ordinary;  the  preacher  can- 
not make  use  of  his  faculty  without  the  assent  of  the  religious 
superior.  (Canon  1338.) 

1182.  The  local  Ordinaries  should  not  without  grave  rea- 
son refuse  to  give  the  faculty  of  preaching  to  those  religious  who 
are  presented  by  their  superior,  nor  recall  the  faculty  which  was 
granted,  especially  not  for  all  the  priests  of  one  community  at 
the  same  time.    The  rule  of  Canon  1340,  however,  is  to  observed. 

Religious  priests  are  not  allowed  to  make  use  of  the  faculty 
of  preaching  without  the  permission  of  their  superior.  (Canon 
1339.) 

1183.  The  Ordinary,  and  the  religious  superior  are,  under 
grave  obligation  of  conscience,  forbidden  to  give  faculty  or  per- 
mission to  preach  except  to  priests  of  good  moral  standing  and 
of  sufficient  knowledge  to  be  ascertained  by  examination,  as  de- 
manded by  Canon  877,  §  1. 

If  after  giving  faculty  or  permission,  they  find  that  the 
preacher  is  lacking  the  necessary  qualifications,  they  must  recall 
the  faculty;  when  doubt  arises  as  to  the  necessary  knowledge, 
they  must  make  sure  of  it,  even  by  a  new  examination,  if 
necessary. 

In  the  case  of  deprivation  of  the  faculty  of  preaching  re- 
course to  the  higher  superiors  is  permitted,  but  no  appeal  in  sus- 
pcnsivo,  which  means  to  say  that  the  order  of  the  superior  must 
be  obeyed  in  the  meantime.  (Canon  1340.) 

1184.  Priests  of  another  diocese,  seculars  as  well  as  re- 
ligious, shall  not  be  invited  to  preach  unless  permission  has  first 
been  obtained  from  the  bishop  of  the  place  where  the  sermon  is 
to  be  given.    The  bishop,  unless  the  priest  is  otherwise  known  to 
him,  shall  not  give  faculty  to  preach  unless  he  has  first  received 
from  his  Ordinary  a  good  testimonial  concerning  the  knowledge, 
piety,  and  good  character  of  the  preacher;  the  Ordinary  giving 
the  testimonials  is  bound  by  serious  duty  of  conscience  to  make 
a  truthful  statement. 


276  THE  NEW  CANON  LAW 

The  pastor  must  apply  for  the  faculty  in  good  time  when 
there  is  question  of  the  parochial  or  another  church  subject  to 
him;  in  a  church  exempt  from  the  jurisdiction  of  the  pastor,  the 
rector;  and  if  there  is  question  of  a  capitular  church  the  first 
dignity  of  the  Chapter  with  the  consent  of  the  Chapter;  and  the 
director  or  chaplain  of  a  confraternity  if  it  has  a  church  of  its 
own. 

If  the  parochial  church  is  at  the  same  time  the  proper  church 
for  a  Chapter  or  confraternity,  the  priest  who,  by  right  performs 
the  sacred  functions  is  to  apply  for  the  faculty  of  an  outside 
preacher.  (Canon  1341.) 

1185.  The  faculty  of  preaching  should  be  given  only  to 
priests  or  deacons,  not,  however,  to  other  clerics  unless  the  bishop 
see  fit  to  grant  it  in  individual  cases. 

All  laymen,  even  religious,  are  forbidden  to  preach  in 
church.  (Canon  1342.) 

1186.  The  Ordinaries  of  places  have  the  right  to  preach 
in  any  church  of  their  territory,  not  excluding  exempt  churches. 

Unless  the  city  is  very  large,  the  bishop  can  forbid  sermons 
to  the  people  in  other  churches  of  the  town  or  city  at  the  time 
when  he  either  himself  preaches,  or  has  a  sermon  preached  in  his 
presence  on  some  public  and  extraordinary  occasion.  (Canon 
1343.) 

1187.  On  Sundays  and  holidays  of  obligation  throughout 
the  year  it  is  the  duty  of  the  pastor  to  preach  to  the  people  the 
Word  of  God  in  the  customary  homily,  especially  during  the 
Holy  Mass  in  which  the  attendance  of  the  people  usually  is  more 
numerous. 

The  pastor  cannot  fulfil  this  obligation  habitually  through 
another  priest,  unless  he  has  a  just  excuse,  to  be  approved  by  the 
bishop. 

The  Ordinary  may  permit  that  on  the  more  solemn  feasts, 
and  for  a  good  reason  also  on  some  Sundays,  the  sermon  is 
omitted.  (Canon  1344.) 

1188.  It  is  to  be  desired  that  in  all  churches  and  public 
oratories  where  people  assist  at  Holy  Mass  on  Sundays  and  holi- 
days of  obligation  a  short  explanation  of  the  holy  Gospel,  or 
on  any  other  point  of  Christian  doctrine,  be  given  to  the  people ; 
if  the  Ordinary  has  given  orders  concerning  this  affair  they  must 
be  obeyed,  not  only  by  the  secular  clergy,  but  also  by  non-exempt 
and  exempt  religious  in  their  own  churches.     (Canon  1345.) 


SACRED  MISSIONS  277 

1189.  Local  Ordinaries  shall  attend  to  it  that  during  the 
Lenten  season,  and  also,  if  they  judge  it  useful,  during  Advent, 
sermons  are  more  frequently  given  in  cathedral  and  parochial 
churches. 

The  canons  and  others  belonging  to  the  cathedral  Chapter 
shall  be  obliged  to  be  present  at  these  sermons  if  they  are  held 
immediately  after  the  choir  services,  unless  they  are  detained  else- 
where for  good  reasons;  the  Ordinary  can  oblige  them  to  be 
present  even  under  canonical  penalties.  (Canon  1346.) 

11  SO.  In  the  sacred  sermons  there  should  be  explained 
above  all  else  the  things  which  the  faithful  must  believe  and  do 
to  save  their  souls. 

The  preachers  of  the  word  of  God  should  abstain  from  pro- 
fane arguments  or  arguments  so  deep  as  to  exceed  the  common 
understanding  of  their  hearers ;  and  they  should  not  exercise  the 
evangelical  ministry  in  skilled  words  of  human  wisdom,  nor  with 
a  profane  demonstration  of  vain  and  ambitious  eloquence,  but 
in  the  power  and  strength  of  the  spirit  of  God,  not  preaching 
themselves  but  Christ  crucified. 

If  it  should  unfortunately  happen  that  a  preacher  dissemi- 
nates errors  and  scandals  he  shall  be  forbidden  to  preach,  to  hear 
confessions  or  to  exercise  any  office  of  teaching;  if  his  preaching 
is  heretical,  he  should  be  dealt  with  according  to  the  rules  of  law. 
(Canon  1347.) 

1191.  The  faithful  are  to  be  zealously  admonished  to  be 
frequently  present  at  sermons.     (Canon  1348.) 

CHAPTER  III. 
Sacred  Missions. 

1192.  The  Ordinaries  should  insist  that  the  pastors  have  a 
mission  given  to  their  parishioners  at  least  once  in  ten  years. 

The  pastors,  not  excluding  those  of  Religious  Orders,  are 
held  to  obey  the  Ordinary's  regulations  concerning  these  mis- 
sions. (Canon  1349.) 

1193.  Local  Ordinaries  and  pastors  should  interest  them- 
selves in  the  welfare  of  the  souls  of  the  non-Catholics  in  their 
dioceses  and  parishes. 

In  other  territories  the  entire  care  for  the  missions  among 
non-Catholics  is  exclusively  reserved  to  the  Holy  See.  (Canon 
1350.) 


278  THE   NEW   CANON   LAW 

1194.  Nobody  must  be  forced  to  embrace  the  Catholic  faith 
against  his  will.     (Canon  1351.) 

TITLE  XXI. 

Seminaries. 

1195.  It  is  the  proper  and  exclusive  right  of  the  Church  to 
educate  the  men  who  desire  to  give  themselves  to  the  ecclesiastical 
ministry.     (Canon  1352.) 

1196.  The  priests,  specially  the  pastors,  should  give  atten- 
tion to  boys  who  show  signs  of  ecclesiastical  vocation,  and  take 
pains  to  keep  them  from  the  contamination  of  the  world,  instruct 
them  in  piety,  give  them  the  first  lessons  in  the  study  of  letters, 
and  foster  the  seed  of  vocation  in  them.     (Canon  1353.) 

1197.  In  every  diocese  the  bishop  shall  erect  in  a  suitable 
place  a  seminary  or  college,  in  which,  according  to  the  means  and 
the  requirements  of  the  diocese  a  certain  number  of  young  men 
are  to  be  educated  for  the  clerical  state. 

Care  should  be  taken  to  have,  especially  in  large  dioceses, 
two  seminaries,  a  minor  seminary  for  the  boys  for  the  study  of 
letters  and  sciences,  and  a  major  seminary  for  the  study  of  phi- 
losophy and  theology. 

If  a  diocesan  seminary  cannot  be  erected,  or  if  in  such  a 
seminary  a  regular  course  in  philosophy  and  theology  cannot  be 
given,  the  bishop  should  send  the  students  to  an  outside  seminary, 
unless  there  is  an  interdiocesan,  or  provincial,  seminary  erected 
by  the  authority  of  the  Holy  See.  (Canon  1354.) 

1198.  If  there  are  no  proper  revenues  for  the  building  and 
maintenance  of  the  seminary  and  the  students,  the  bishop  can: 

1.  order  the  pastors   and   rectors   of   churches,   also  the 
exempt  ones,  to  take  up  at  stated  times  a  collection  for  that  pur- 
pose; 

2.  impose  a  seminary  tax ; 

3.  if  these  means  are  not  sufficient,  he  may  annex  some 
simple  benefices  to  the  seminary.     (Canon  1355.) 

1199.  The  seminary  tax  or  assessment  must  be  paid  by  the 
mensa  episcopalis,  by  all  benefices,  including  those  of  regulars  and 
those  over  which  some  one  has  the  right  of  patronage,  by  all 
parishes  and  quasi-parishes,  though  they  have  no  other  revenue 
than  the  offerings  of  the  faithful,  by  hospitals  erected  by  eccles- 


SEMINARIES  279 

iastical  authority,  by  sodalities  canonically  erected,  and  by  church 
buildings  which  have  their  own  revenue,  and  by  every  religious 
house  though  exempt,  unless  the  religious  live  solely  on  alms  or 
have  actually  in  their  houses  a  college  for  pupils  or  teachers  for 
the  common  weal  of  the  Church.  All  contrary  custom  is  dis- 
approved and  every  kind  of  contrary  privilege  is  recalled,  and 
no  appeal  granted. 

This  assessment  must  be  general,  and  of  the  same  percent- 
age for  all  churches  and  institutions  subject  to  the  tax,  and  may 
be  larger  or  smaller,  according  to  the  needs  of  the  seminary.  The 
annual  tax  must  not  exceed  5  per  cent,  of  the  income,  and  it  is  to 
be  lowered  as  the  revenue  of  the  seminary  increases. 

The  taxable  income  is  that  which  remains  over  and  above 
at  the  end  of  the  year,  after  the  obligations  and  necessary  ex- 
penditures have  been  paid.  In  benefices  of  cathedral  or  collegiate 
churches,  where  the  members  of  the  cathedral  or  collegiate  Chap- 
ter receive  daily  distributions  besides  the  regular  revenue  of  their 
benefice,  the  daily  distributions  are  not  taxable;  if  the  benefice 
consists  only  of  the  daily  distributions,  the  third  part  of  them  is 
taxable.  In  parishes  the  offerings  of  the  faithful  are  not  taxable 
revenue  of  the  parish,  unless  the  parish  has  no  other  revenue  than 
the  offerings  of  the  faithful,  in  which  case  one-third  of  the  offer- 
ings is  taxable.  (Canon  1356.) 

1200.  The  bishop  has  the  right  to  pass  regulations  for  the 
proper  administration,  government  and  progress  of  the  diocesan 
seminary  and  to  enforce  these  regulations,  saving  the  rules  which 
the  Holy  See  may  have  laid  down  for  special  cases. 

The  bishop  should  take  special  care  to  frequently  visit  the 
seminary  himself,  watch  over  the  manner  in  which  secular  and 
ecclesiastical  sciences  are  taught,  and  obtain  personal  knowledge 
of  the  vocation  and  character  and  standing  in  studies  of  the 
pupils,  especially  at  the  time  of  ordinations. 

Every  seminary  shall  have  its  laws  approved  by  the  bishop, 
in  which  regulations  are  given  both  for  the  students  and  for  the 
professors  of  the  seminary. 

The  interdiocesan,  or  provincial,  seminary  shall  be  governed 
and  administrated  according  to  the  laws  passed  by  the  Holy  See. 
(Canon  1351.) 

1201.  In  every  seminary  there  must  be  a  rector  for  the  gov- 
ernment of  the  house,  professors,  an  economus  distinct  from  the 


280  THE  NEW  CANON  LAW 

rector  for  the  administration  of  the  temporalities,  at  least  two 
ordinary  confessors,  and  a  spiritual  director.     (Canon  1358.) 

1202.  There  should  be  appointed  two  boards  for  each  sem- 
inary, one  for  discipline,  the  other  for  the  administration  of  the 
temporal  goods. 

Each  board  is  to  consist  of  two  priests  chosen  by  the  bishop 
with  the  advice  of  the  Chapter  or  of  the  diocesan  consultors;  the 
vicar  general,  priests  living  in  the  bishop's  house,  the  rector  of 
the  seminary,  the  economus,  and  the  ordinary  confessors,  are 
excluded  from  either  board. 

The  office  of  the  members  of  the  two  boards  lasts  for  six 
years,  and  those  appointed  should  not  be  removed  without  a  seri- 
ous cause ;  they  may  be  re-appointed. 

The  bishop  must  consult  the  boards  in  affairs  of  importance. 
(Canon  1359.) 

1203.  To  the  office  of  rector,  spiritual  director,  confessor, 
and  professor  of  the  seminary,  are  to  be  appointed  men  qualified 
for  these  offices  not  only  by  their  learning,  but  also  by  virtue 
and  discretion,  so  that  they  may  in  word  and  deed  be  an  example 
to  the  alumni.    According  to  Canon  891  the  rector  may  not  be 
confessor  for  the  seminarians. 

The  rector  of  the  seminary  must  be  obeyed  by  all  in  the  exer- 
cise of  his  office.  (Canon  1360.) 

1204.  Besides  the  ordinary  confessors,   other  confessors 
should  be  appointed,  to  whom  the  seminarians  may  freely  go  to 
confession. 

If  these  confessors  live  outside  the  seminary,  and  the  student 
requests  the  rector  to  call  one  of  them  to  hear  his  confession,  the 
rector  is  forbidden  in  any  way  to  inquire  for  the  reason  why 
or  to  show  displeasure.  If  the  confessors  live  in  the  seminary, 
the  seminarians  may  freely  approach  them,  saving  the  discipline 
of  the  seminary. 

When  there  is  question  of  admitting  a  seminarian  to  orders, 
or  of  dismissing  him  from  the  seminary,  the  vote  of  the  con- 
fessor must  never  be  asked.  (Canon  1361 .) 

1205.  The  income  derived  from  legacies  for  the  education 
of  clerics  may  be  used  in  favor  of  alumni  of  the  minor  as  well 
as  the  major  seminary,  though  they  are  not  as  yet  clerics  properly 
so-called  by  reception  of  the  tonsure,    unless   the   terms   under 
which  a  legacy  was  left  to  the  seminary  explicitly  restricts  the 
use  of  the  money  to  clerics  proper.     (Canon  1362.) 


SEMINARIES  281 

1206.  The  bishop  should  receive  into  the  seminary  only 
boys  of  legitimate  birth,  and  of  such  a  character  that  there  is 
good  reason  to  believe  they  will  persevere  and  work  with  success 
in  the  ecclesiastical  ministry. 

Before  they  are  received  they  must  present  testimonials  of 
legitimate  birth,  of  Baptism  and  Confirmation,  and  of  conduct. 

Students  who  have  been  discharged  from  another  seminary 
or  from  a  religious  community  should  not  be  received  unless  the 
bishop  has  first  obtained  information  also  in  secret  from  the  su- 
periors and  others  about  the  reason  of  their  dismissal,  and  tes- 
timonials as  to  their  character  and  talents  and  has  ascertained 
that  there  is  nothing  in  their  character  which  would  be  unbecom- 
ing to  the  sacerdotal  state.  Superiors  and  others  asked  for  in- 
formation are  bound  by  grave  obligation  of  conscience  to  answer 
truth  fully.  (  Canon  1 363 . ) 

1207.  In  the  lower  grades  of  the  seminary  : 

1.  the  religious  instruction  should  occupy  the  first  place, 
and  it  is  to  be  adapted  to  the  age  and  intelligence  of  the  pupils ; 

2.  the  students  should  accurately  learn  Latin  and  the  ver- 
nacular language ; 

3.  in  other  branches  of  study  the  requirements   of  the 
clergy  of  the  respective  countries  is  to  be  taken  into  considera- 
tion.    (Canon  1364.) 

1208.  The  course  of  philosophy,  together  with  other,  allied 
subjects,  is  to  last  at  least  two  years. 

The  theological  course  must  last  four  years;  besides  dog- 
matic and  moral  theology,  special  attention  must  be  paid  to  the 
study  of  the  Sacred  Scriptures,  Church  history,  Canon  Law, 
Liturgy,  Sacred  Eloquence,  and  ecclesiastical  chant. 

There  are  to  be  also  classes  of  Pastoral  Theology,  with  prac- 
tical exercises  of  how  to  teach  catechism  to  children  and  others, 
how  to  hear  confessions,  visit  the  sick,  and  assist  the  dying. 
(Canon  1365.) 

1209.  As  professors  of  philosophy,  theology  and  law,  the 
bishop  and  seminary  boards  should  prefer  those  who  have  the 
degree  of  doctor  in  a  university,  or  a  faculty  recognized  by  the 
Holy  See,  or,  if  there  is  question  of  religious,  those  who  have  re- 
ceived a  similar  title  from  their  major  superiors. 

Philosophy  and  theology  shall  be  taught  by  the  professors 
absolutely  according  to  the  manner  of  the  Angelic  Doctor,  with- 
out deviating  from  his  doctrine  and  principles. 


282  THE  NEW  CANON  LAW 

There  should  be  distinct  professors  at  least  for  Sacred  Scrip- 
ture, Dogmatic  Theology,  Moral  Theology,  and  Church  History. 
(Canon  1366.) 

1210.  The  bishop  shall  see  to  it  that  the  seminarians: 

1.  daily  say  their  morning  and  night  prayers,  hold  a  medi- 
tation in  common,  and  assist  at  Holy  Mass ; 

2.  ro  to  confession  at  least  once  a  week,  and  frequently  re- 
ceive holy  Communion; 

3.  on  Sundays  and  holidays  of  obligation  assist  at  solemn 
Mass  and  Vespers,  serve  at  the  altar  and  take  part  in  the  sacred 
ceremonies,  especially  in  the  cathedral,  if  this,  according  to  the 
bishop's  judgment  can  be  done  without  detriment  to  discipline 
and  studies ; 

4.  each  year  make  a  retreat  for  a  few  days ; 

5.  once  a  week  attend   an   instruction   on   spiritual    life. 
(Canon  1367.) 

1211.  The  seminary  shall  be  exempt  from  parochial  juris- 
diction.    The  rector  of  the  seminary  and  his  delegate  shall  have 
the  office  of  pastor  for  all  persons  living  in  the  seminary,  with 
the  exception  of  affairs  of  the  Sacrament  of  Marriage,  unless  the 
Holy  See  has  passed  other  regulations  for  particular  seminaries. 
(Canon  1368.) 

1212.  The  rector  of  the  seminary,  and  others  under  his 
authority,  shall  attend  to  it  that  the  alumni  faithfully  observe  the 
'statutes  approved  by  the  bishop,  that  the  plan  of  studies  is  accu- 
rately followed,  and  that  the  students  are  imbued  with  a  truly 
ecclesiastical  spirit. 

True  Christian  politeness  should  be  taught  and  practiced  by 
the  professors  for  an  example  to  the  seminarians;  the  require- 
ments of  hygiene,  cleanliness  of  clothes  and  person,  courtesy, 
moderation  and  gravity  shall  be  observed  by  the  students. 

The  rector  shall  watch  that  the  professors  properly  attend 
to  the  duties  of  their  office.  (Canon  1369.) 

1213.  Whenever  seminarians  live  outside  the  seminary  for 
any  reason,  the  bishop  shall  appoint  a  priest  who  is  responsible 
for  them,  according  to  Canon  972,  §  2.     (Canon  1370.) 

1214.  Disorderly,   incorrigible,   seditious   characters   shall 
not  be  suffered  in  the  seminary,  nor,  in  general,  those  whose  be- 
havior or  talents  do  not  make  them  desirable  candidates  for  the 
clerical  state.    Students  who  advance  but  little  in  studies,  so  that 


CATHOLIC  SCHOOLS  283 

there  is  not  much  hope  that  they  will  acquire  sufficient  learning, 
shall  be  dismissed.  If  a  seminarian  has  been  guilty  of  immoral- 
ity, or  of  offenses  against  Catholic  belief,  he  shall  be  immediately 
discharged.  (Canon  1371.) 

TITLE  XXII. 

Catholic  Schools. 

1215.  Catholic  children  are-to  be  educated  in  schools  where 
not  only  nothing  contrary  to  Catholic  faith  and  morals  is  taught, 
but  rather  in  schools  where  religious  and  moral  training  occupy 
the  first  place. 

Not  only  the  parents,  as  mentioned  in  Canon  1113,  but  also 
all  those  who  take  their  place  have  the  right,  and  the  most  serious 
obligation  of  caring  for  the  Christian  education  of  the  children. 
(Canon  1372.) 

1216.  In  every  elementary  school  the  children  must,  accord- 
ing to  their  age,  be  instructed  in  Christian  doctrine. 

The  young  people  who  attend  the  higher  schools  are  to  re- 
ceive a  deeper  religious  knowledge,  and  the  bishops  shall  appoint 
priests  qualified  for  such  work  by  their  learning  and  piety. 
(Canon  1373.) 

1217.  Catholic  children  shall  not  attend  non-Catholic,  in- 
different, schools  that  are  mixed,  that  is  to  say,  schools  open  to 
Catholics  and  non-Catholics  alike.    The  bishop  of  the  diocese  only 
has  the  right,  in  harmony  with  the  instructions  of  the  Holy  See, 
to  decide  under  what  circumstances,  and  with  what  safeguards  to 
prevent  loss  of  faith,  it  may  be  tolerated  that  Catholic  children 
go  to  such  schools.    (Canon  1374.) 

1218.  The  Church  has  the  right  to  establish  elementary 
schools  as  well  as  any  kind  of  schools.     (Canon  1375.) 

1219.  The  canonical  erection  of  a  Catholic  University  or 
of  a  Catholic  faculty  is  reserved  to  the  Holy  See. 

A  Catholic  University  or  faculty,  also  those  in  charge  of  any 
religious  family,  must  have  its  statutes  approved  by  the  Holy  See. 
(Canon  1376.) 

1220.  Academic  degrees  to  be  recognized  in  Canon  Law 
cannot  be  conferred  except  by  faculty  of  the  Holy  See.    (Canon 
1377.) 


284  THE  NEW  CANON  LAW 

1221.  Doctors,   who   have   received  their  degrees   legiti- 
mately, have  the  right,  outside  of  sacred  functions,  to  wear  a 
ring  with  a  stone,  and  the  doctor's  hat,  and  in  conferring  the 
various  offices  and  ecclesiastical  benefices  the  bishop  is  to  give 
preference,  according  to  the  sacred  Canons,  to  those  having  the 
doctorate  or  licentiate,  all  other  things  being  equal.  (Canon  1378.) 

1222.  If  there  are  no   Catholic   elementary  or  mediate 
schools,  spoken  of  in  Canon  1373,  the  Ordinary  should  take  care 
to  have  them  established. 

Likewise  if  the  public  Universities  are  not  imbued  with  the 
Catholic  doctrine  and  spirit,  it  is  to  be  desired  that  in  the  nation 
or  province  a  Catholic  University  be  erected. 

The  Catholics  should  not  refuse  to  contribute  according  to 
their  means  towards  the  building  and  maintenance  of  Catholic 
schools.  (Canon  1379.) 

1223.  It  is  desirable  that  the  Ordinary  send  pious  and 
gifted  clerics  to  Universities  approved  by  the  Church,  in  order 
that  they  may  take  up  specially  the  studies  of  philosophy,  theology 
and  Canon  Law  and  obtain  academic  degrees.     (Canon  1380.) 

1224.  The  religious  teaching  of  youth  in  any  schools  is  sub- 
ject to  the  authority  and  inspection  of  the  Church. 

The  local  Ordinaries  have  the  right  and  duty  to  watch 
that  nothing  is  taught  contrary  to  faith  or  good  morals,  in  any 
of  the  schools  of  their  territory. 

They,  moreover,  have  the  right  to  approve  the  books  of 
Christian  doctrine  and  the  teachers  of  religion,  and  to  demand, 
for  the  sake  of  safeguarding  religion  and  morals,  the  removal  of 
teachers  and  books.  (Canon  1381.) 

1225.  Ordinaries  of  dioceses  have  the  right,  either  in  per- 
son or  through  others,  to  visit  in  reference  to  religious  and  moral 
instruction  any  schools,  oratories,  summer  schools,  etc.,  and  from 
this  visitation  the  schools  conducted  by  a  religious  community 
are  not  excepted  unless  it  is  a  school  exclusively  for  the  professed 
members  of  an  exempt  Order.     (Canon  1382.) 

1226.  In  the  religious  education  of  the  students  of  any  col- 
lege the  rule  of  Canon  891  must  be  observed,  namely,  that  the 
superior  of  the  institution  must  not  hear  the  confessions  of  the 
inmates.     (Canon  1383.) 


CENSORSHIP   OF  BOOKS  285 

TITLE  XXIII. 
Censorship  and  Prohibition  of  Books. 

1227.  The  Church  has  the  right  to  rule  that  Catholics  shall 
not  publish  any  books  unless  they  have  first  been  subjected  to  the 
approval  of  the  Church  and  to  forbid  for  a  good  reason  the  faith- 
ful to  read  certain  books,  no  matter  by  whom  they  are  published. 

The  rules  of  this  title  concerning  books  are  to  be  applied  also 
to  daily  papers,  periodicals,  and  any  other  publication,  unless  the 
contrary  is  clear  from  the  Canons.  (Canon  1384.) 

CHAPTER  I. 
Censorship  of  Books. 

1228.  Without  previous  ecclesiastical  approval  even  laymen 
are  not  allowed  to  publish : 

1.  the  books  of  Holy  Scripture,  or  annotations  and  com- 
mentaries of  the  same; 

2.  books  treating  of  Sacred  Scripture,  theology,  Church 
history,  Canon  Law,  natural  theology,  ethics,  and  other  sciences 
concerning  religion  and  morals.  Furthermore,  prayer  books,  pam- 
phlets and  books  of  devotion,  of  religious  teaching,  either  moral, 
ascetic,  or  mystic,  and  any  writing  in  general  in  which  there  is 
anything  that  has  a  special  bearing  on  religion  or  morality ; 

3.  sacred  images  reproduced  in  any  manner,  either  with  or 
without  prayers. 

The  permission  to  publish  books  and  images  spoken  of  in 
this  Canon  may  be  given  either  by  the  proper  Ordinary  of  the 
author,  or  by  the  Ordinary  of  the  place  where  they  are  published, 
or  by  the  Ordinary  of  the  place  where  they  are  printed ;  if,  how- 
ever, any  one  of  the  Ordinaries  who  has  a  right  to  give  approval 
refuses  it,  the  author  cannot  ask  it  of  another  unless  he  informs 
him  of  the  refusal  of  the  Ordinary  first  requested. 

The  religious  must,  moreover,  first  obtain  permission  from 
their  major  superior.  (Canon  1385.) 

1229.  The  secular  clergy  are  forbidden  without  the  consent 
of  their  bishop,  the  religious  without  the  permission  of  the  major 
superior  and  the  bishop,  to  publish  any  book  on  secular  topics, 
or  to  be  a  contributor  to,  or  editor,  of  daily  papers,  periodicals, 
booklets,  etc. 


286  THE  NEW  CANON  LAW 

In  papers,  pamphlets  and  magazines  which,  as  a  rule,  attack 
the  Catholic  religion  or  good  morals,  not  even  laymen  should 
write  anything  except  for  a  good  and  reasonable  cause,  to  be  ap- 
proved by  the  Ordinary.  (Canon  1386.) 

1230.  Matters  pertaining  in  any  manner  to  the  causes  of 
beatification  and  canonization  of  the  servants  of  God,  may  not  be 
published  without  permission  from  the  Sacred  Congregation  of 
Rites.    (Canon  1387.) 

1231.  All  books,  summaries,  booklets  and  papers,  etc.,  in 
which  the  concession  of  indulgences  is  mentioned,  shall  not  be 
published  without  permission  of  the  Ordinary  of  the  diocese. 

'Special  permission  of  the  Holy  See  is  required  for  printing 
in  any  language  authentic  collections  of  prayers  and  good  works 
to  which  the  Holy  See  has  attached  indulgences,  as  also  a  list  of 
the  papal  indulgences  and  summaries  of  indulgences  previously 
collected,  but  never  approved,  and  summaries  to  be  now  made  up 
from  the  various  concessions.  (Canon  1388.) 

1232.  The  collections  of  decrees  of  the  Roman  Congrega- 
tions cannot  be  published  anew  without  first  obtaining  permission 
from  the  respective  Congregation,  and  observing  the  conditions 
which  the  prefect  of  the  Congregation  may  lay  down  in  giving 
permission.     (Canon  1389.) 

1233.  In  the  publication  of  liturgical  books,  or  parts  there- 
of, and  in  reprints  of  litanies  approved  by  the  Holy  See,  the  Ordi- 
nary of  the  place  where  the  printing  is  done,  or  where  they  are 
published,  must  attest  that  the  copy  agrees  with  the  original  of- 
ficial edition.     (Canon  1390.) 

1234.  Translations  of  the  Holy  Scriptures  in  the  vernacular 
languages  may  not  be  published  .unless  they  are  either  approved 
by  the  Holy  See,  or  they  are  published,  under  the  supervision  of 
the  bishop,  with  annotations  chiefly  taken  from  the  holy  Fathers 
of  the  Church  and  learned  Catholic  writers.     (Canon  1391. ) 

1235.  When  a  work  is  approved  in  its  original  text,  the 
approval  does  not  extend  to  translations  into  other  languages  nor 
to  other  editions ;  wherefore  both  the  translation  and  the  new  edi- 
tion of  a  work  already  approved  needs  a  new  approval. 

If  various  chapters  that  have  appeared  in  approved  maga- 
zines, or  other  periodicals,  are  collected  and  published  in  book 
form,  they  are  not  considered  a  new  edition  and  do  therefore  not 
need  a  new  approval.  (Canon  1392.) 


PROHIBITION  OF  BOOKS  287 

1236.  In  every  episcopal  Curia  there  should  be  official  cen- 
sors, who  shall  examine  the  works  to  be  published. 

The  examiners  should  be  free  from  all  human  respect  in 
the  exercise  of  their  office,  and  shall  have  before  their  eyes  only 
the  dogmas  of  the  Church  and  the  universal  Catholic  teaching 
contained  in  the  decrees  of  the  General  Councils,  in  the  constitu- 
tions and  orders  of  the  Holy  See,  and  in  the  consent  of  approved 
doctors. 

The  censors  should  be  taken  from  both  the  secular  and  re- 
ligious clergy,  and  should  be  men  of  mature  age,  of  tried  learn- 
ing and  prudence,  who  will  take  the  golden  mean  in  approving 
or  rejecting  doctrines. 

The  censor  must  give  his  opinion  in  writing;  if  it  is  favor- 
able the  Ordinary  may  allow  the  manuscript  to  be  published ;  the 
imprimatur  of  the  bishop  is  preceded  by  the  opinion  of  the  censor 
over  his  signature.  Only  in  extraordinary  cases  and  rare  circum- 
stances may,  according  to  the  bishop's  judgment,  the  name  of  the 
censor  be  omitted. 

The  author  shall  never  be  informed  of  the  name  of  the  censor 
who  is  to  revise  his  book  before  he  has  given  his  judgment. 
(Canon  1393.) 

1237.  The  permission  of  the  Ordinary  by  which  he  grants 
faculty  to  publish  a  manuscript  shall  be  given  in  writing,  and 
shall  be  printed  either  at  the  beginning  or  the  end  of  a  book,  maga- 
zine, or  on  pictures,  with  his  name  and  the  date  and  place  of  the 
concession. 

.  If  permission  for  publication  is  to  be  denied,  the  reasons 
should  be  given  to  the  author  unless  there  are  grave  reasons  why 
this  should  not  be  done.  (Canon  1394.) 

CHAPTER  II. 
Prohibition  of  Books. 

1238.  The  right  and  duty  to  prohibit  books  for  a  good  rea- 
son rests  with  the  Supreme  Pontiff  for  the  whole  Church,  with 
the  particular  councils  for  their  territory,    with   the    individual 
Ordinary  for  his  diocese. 

From  the  prohibition  of  inferior  authorities  recourse  may  be 
had  to  the  Holy  See,  not  however,  in  suspensive,  which  means 
that  the  prohibition  must  be  obeyed  until  Rome  has  rescinded  the 
orders  of  the  inferior  authority. 


288  THE  NEW  CANON  LAW 

Also  the  abbot  of  an  independent  monastery,  and  the  supreme 
superior  of  a  clerical  exempt  religious  body,  may  with  their  re- 
spective council  or  Chapter  prohibit  books  to  their  subjects  for 
good  reasons;  the  same  authority  possess  other  major  superiors 
in  union  with  their  council  in  cases  where  immediate  action  is 
necessary,  with  the  duty,  however,  to  refer  the  matter  as  soon  as 
possible  to  the  supreme  superior.  (Canon  1395.) 

1239.  Books  forbidden  by  the  Holy  See  are  to  be  consid- 
ered forbidden  everywhere,  and  in  any  translation  into  other  lan- 
guages.   (Canon  1396.) 

1240.  It  is  the  duty  of  all  the  faithful,  and  especially  of 
the  clergy,  of  ecclesiastical  dignitaries,  and  of  men  of  extraor- 
dinary learning,  to  refer  books  which  they  think  pernicious  to  the 
Ordinary  or  to  the  Holy  See.    This  duty  pertains  by  special  title 
to  the  legates  of  the  Holy  See,  to  the  local  Ordinaries,  and  to 
rectors  of  Catholic  Universities. 

It  is  expedient  in  the  denunciation  of  a  book  to  not  only  in- 
dicate the  title  of  the  book,  but  also,  as  far  as  possible,  the  rea- 
sons why  a  book  is  thought  to  deserve  condemnation. 

Those  to  whom  the  book  is  denounced  are  by  sacred  duty 
bound  to  keep  secret  the  names  of  those  who  denounce  it. 

The  local  Ordinaries  must,  either  in  person  or,  if  necessary, 
through  other  capable  priests,  watch  over  the  books  which  are 
published  or  sold  in  their  territory. 

The  Ordinaries  should  refer  to  the  Holy  See  those  books 
which  require  a  more  searching  examination,  also  works  which 
for  their  effective  prohibition  demand  the  weight  of  the  supreme 
authority.  (Canon  1397.) 

1241.  The  prohibition  of  books  has  this  effect  that  the  for- 
bidden books  may  not  without  permission  be  published,  read,  re- 
tained, sold,  nor  translated   into   another   language,    nor   made 
known  to  others  in  any  way. 

The  book  which  has  in  any  way  been  forbidden  may  not 
again  be  published  except  after  the  demanded  corrections  have 
been  made  and  the  authority  which  forbade  the  book,  or  his  su- 
perior, or  successor,  has  given  permission.  (Canon  1398.) 

1242.  By  the  very  law  are  forbidden: 

1.  editions  of  the  original  text,  or  of  ancient  Catholic  ver- 
sions, of  the  Sacred  Scriptures,  also  of  the  Oriental  Church,  pub- 
lished by  non-Catholics ;  likewise  any  translations  in  any  language 
made  or  published  by  them ; 


PROHIBITION  OF  BOOKS  289 

2.  books  of  any  writers  defending  heresy   or   schism,    or 
tending  in  any  way  to  undermine  the  foundations  of  religion; 

3.  books  which  purposely  fight  against  religion  and  good 
morals ; 

4.  books  of  any  non-Catholic  treating  professedly  of  re- 
ligion unless  it  is  certain  that  nothing  is  contained  therein  against 
the  Catholic  faith; 

5.  books  on  the  holy  Scriptures  or  on  religious  subjects 
which  have  been  published  without  the  permission  required  by 
Canons  1385,  §  1,  nn.  1,  and  1391 ;  books  and  leaflets  which  bring 
an  account  of  new  apparitions,  revelations,  visions,  prophecies, 
miracles,  or  introduce  new  devotions  even  though  under  the  pre- 
text that  they  are  private;  if  these   books,    etc.,    are   published 
against  the  rules  of  the  Canons; 

6.  books  which  attack  or  ridicule  any  of  the  Catholic  dog- 
mas, books  which  defend  errors  condemned  by  the  Holy  See,  or 
which  disparage  Divine  worship,  or  tend  to  undermine  ecclesias- 
tical discipline,  or  which  purposely  insult  the  ecclesiastical  hierar- 
chy, or  the  clerical  and  religious  states ; 

7.  books  which  teach  or  approve  of  any  kind  of  supersti- 
tion, fortune-telling,  sorcery,  magic,  communication  with  spirits 
and  such  like  affairs ; 

8.  books  which  declare  duels,  suicide,  divorce  as  licit ;  books 
which  treat  of  masonic  and  other  sects  of  the  same  kind,  and  con- 
tend that  they  are  not  pernicious,  but  rather  useful  to  the  Church 
and  civil  society; 

9.  books  which  professedly  treat  of  impure  and  obscene 
subjects,  narrate  or  teach  them; 

10.  editions  of  liturgical  books  approved  by  the  Holy  See, 
but  which  have  been  unlawfully  changed  in  some  things  so  that 
they  no  longer  agree  with  the  editions  authorized  by  the  Holy  See  ; 

11.  books  which  publish  apocryphal  indulgences,  or  those 
condemned  or  recalled  by  the  Holy  See ; 

12.  images  of  our  Lord,  of  the   blessed   Virgin,    angels, 
saints,  and  other  servants  of  God,  which  are  not  in  accord  with 
the  mind  and  the  decrees  of  the  Church.    (Canon  1399.) 

1243.  Books  mentioned  in  n.  1  of  the  preceding  Canon,  and 
books  published  against  the  law  of  Canon  1391,  are  allowed  to 
those  who  in  any  way  engage  in  theological  or  biblical  studies, 
provided  these  books  are  faithful  and  complete  copies  of  the  orig- 


290  THE  NEW  CANON  LAW 

inal,  and  do  not  in  their  introduction,  or  in  their  notes,  attack 
Catholic  dogmas.     (Canon  1400.) 

1244.  Cardinals  and  bishops,  both  residential  and  titular, 
are  not  bound  by  the  ecclesiastical  prohibition  of  books,  provided 
they  use  the  necessary  precautions.     (Canon  1401.) 

1245.  Ordinaries  can  give  permission  to  their  subjects  for 
the  reading  of  books  forbidden  by  the  general  law  of  the  Code, 
as  well  as  by  decree  of  the  Holy  See,  for  individual  books  and  in 
individual  and  urgent  cases  only. 

If  the  Ordinaries  have  obtained  from  the  Holy  See  general 
faculty  to  allow  their  subjects  the  keeping  and  reading  of  for- 
bidden books,  they  should  give  this  permission  with  discretion. 
(Canon  1402.) 

1246.  Persons  who  have  obtained  from  the  Holy  See  the 
faculty  of  reading  and  keeping  forbidden  books  cannot  for  that 
reason  read  and  keep  books  forbidden  by  their  Ordinaries,  un- 
less the  Apostolic  indult  explicitly  gives  them  the  faculty  to  read 
and  keep  books  forbidden  by  any  authority. 

Moreover,  they  are  held  by  grave  precept  to  guard  the  for- 
bidden books  in  order  that  they  may  not  fall  into  the  hands  of 
others.  (Canon  1403.) 

1247.  Bookdealers  shall  not  sell,  loan,  or  keep  books  which 
professedly  treat  of  obscene  matters;  other  forbidden  books  they 
should  not  have  for  sale  unless  they  have  obtained  permission 
from  the  Holy  See,  nor  should  they  sell  them  to  any  one  except 
they  can  reasonably  judge  that  the  buyer  has  the  right  to  ask  for 
these  books.     (Canon  1404.) 

1248.  By  the  permission  to  read  forbidden  books  no  one  is 
exempted  from  the  prohibition  of  the  natural  law  not  to  read 
books  which  are  to  the  reader  a  proximate  occasion  of  sin. 

Local  Ordinaries,  and  others  having  the  care  of  souls,  shall 
at  proper  times  and  occasions  warn  the  faithful  of  the  danger 
and  harm  of  bad  books,  especially  of  those  that  are  forbidden. 
(Canon  1405.) 

TITLE  XXIV. 

Profession  of  Faith. 

1249.  The  following  persons  are  held  to  make  the  pro- 
fession of  faith  according  to  the  form  approved  by  the  Holy  See : 

1.     those  who  assist,  either  with  a  decisive  or  a  consultive 


PROFESSION  OF  FAITH  291 

vote  at  a  General  or  Particular  Council,  or  diocesan  synod,  be- 
fore the  president  of  the  assembly  or  his  delegate ;  the  president 
before  the  council  or  synod; 

2.  those  promoted  to  the  dignity  of  Cardinals  before  the 
dean  of  the  sacred  College,  the  first  Cardinal  priest  and  Cardinal 
deacon,  and  the  Chamberlain  of  the  Holy  Roman  Church ; 

3.  those  promoted  to  an  episcopal  see,  though  titular,  or 
to  the  government  of  an  abbey,  or  prelacy  nullius,  vicariate  and 
prefecture  apostolic,  before  the  Apostolic  Delegate; 

4.  the  vicar  capitular  before  the  cathedral  Chapter; 

5.  those  promoted  to  an  ecclesiastical  dignity,  or  to  mem- 
bership among  the  canons,  before  the  bishop  or  his  delegate  and 
the  Chapter; 

6.  those  appointed  to  the  office  of  diocesan  consultor  be- 
fore the  Ordinary  or  his  delegate  and  the  other  consultors ; 

7.  the  vicar  general,  pastors,   and  others  obtaining  any 
benefice,  though  removable,  to  which  the  care  of  souls  is  attached; 
rectors,  professors  of  sacred  theology,  Canon  Law  and  philo- 
sophy in  seminaries,  at  the  beginning  of  each  scholastic  year,  or, 
at  least,  the  beginning  of  their  office;  all  candidates  for  subdea- 
conship;  censors  of  books  mentioned  in  Canon  1393;  priests  ap- 
proved for  confessions  and  preaching  before  they  receive  faculty 
to  exercise  these  duties ;  all  these  ecclesiastics  must  take  the  oath 
before  the  bishop  or  his  delegate ; 

8.  the  rector  of  a  Catholic  University  or  faculty  before 
the  Ordinary  or  his  delegate;  all  professors  of  a  canonically 
erected  University  or  faculty  at  the  beginning  of  each  scholastic 
year,  or,  at  least,  at  the  commencement  of  their  office,  and  those 
who  after  a  successful  examination  are  to  receive  academic  de- 
grees, before  the  rector  of  the  University  or  faculty,  or  his  dele- 
gate; 

9.  superiors  in  clerical  religious  organizations  before  the 
Chapter  or  the  superior  who  appointed  them,  or  their  delegate. 

He  who  relinquishes  a  former  and  receives  a  new  office, 
benefice  or  dignity,  even  of  the  same  species,  must  again  make 
the  profession  of  faith  according  to  the  present  Canon.  (Canon 
1406.) 

1250.  One  does  not  satisfy  his  obligation  of  making  the 
profession  of  faith  by  doing  so  through  a  proxy,  or  by  making 
it  before  a  layman.  (Canon  1407.) 


292  THE  NEW  CANON  LAW 

1251.  Every  custom  contrary  to  the  Canons  under  this 
Title  of  Profession  of  Faith  is  disapproved  by  law.      (Canon 
1408.) 

PART  V. 

BENEFICES  AND   OTHER  NON-COLLEGIATE  IN- 
STITUTES OF  THE  CHURCH. 

TITLE  XXV. 
Ecclesiastical  Benefices. 

1252.  An  ecclesiastical  benefice  is  a  juridical  being,  consti- 
tuted perpetually  by  competent  eccleciastical  authority,  consist- 
ing of  a  sacred  office  and  the  right  to  receive  the  revenue  accru- 
ing from  the  endowment  of  the  office.     (Canon  1409.) 

1253.  The  endowment  of  a  benefice  consists  either  in  goods 
owned  by  the  benefice  itself  in  its  juridical  capacity,  or  of  certain 
payments  obligatory  upon  some  family  or  moral  person,  or  of 
certain  voluntary  offerings  of  the  faithful,  which  belong  to  the 
rector  of  a  benefice,  or  so-called  stole  fees  demanded  within  the 
limits  of  diocesan  statutes  or  legitimate  custom,  or  choral  dis- 
tributions to  the  exclusion  of  one  third  part,  if  all  the  revenues 
of  a  benefice  consist  in  choral  distributions.     (Canon  1410.) 

1254.  Ecclesiastical  benefices  are  called : 

1.  Consist  orial,  if  they  are  usually  conferred  in  consistory; 
others  are  known  as  non-consist orial; 

2.  Secular  or  Religious,  in  as  much  as  they  either  belong 
exclusively  to  the  secular  or  the  religious  clergy.     All  benefices 
erected  outside  the  churches  or  houses  of  religious  are  in  case  of 
controversy  to  be  presumed  as  secular; 

3.  Double  or  residential,  Simple  or  non-residential,  in  as 
much  as  the  duty  of  residence  is  or  is  not  attached  to  the  bene- 
fice, besides  the  other  duties  of  the  respective  benefice; 

4.  Manual,  temporary  or  removable,  perpetual  or  irremov- 
able, in  as  much  as  they  are  conferred  either  revocably  or  per- 
petually ; 

5.  Curata  or  non-cur ata,  in  as  much  as  there  is  or  is  not  at- 
tached to  the  benefice  the  care  of  souls.     (Canon  1411.) 

1255.  Though  the  following  offices  and  position  have  some 
resemblance  to  the  benefices,  they  do  not  in  law  come  under  the 
name  of  benefices : 


CONSTITUTION  OR  ERECTION  OF  BENEFICES  293 

1.  parochial  vicariates  which  are  not  erected  perpetually; 

2.  laical  chaplaincies,  namely  such  which  are  not  erected  by 
competent  ecclesiastical  authority; 

3.  coadjutor  offices,  with  or  without  the  right  of  future 
succession ; 

4.  personal  pensions; 

5.  a  temporary  commenda,  which  consist  in  the  concession 
to  some  person  of  the  revenues  of  a  church  or  monastery  in  such 
manner  that  with  the  death  of  the  person  the  revenues  fall  again 
to  the  church  or  monastery.     (Canon  1412.) 

1256.  Unless  the  contrary  is  evident,  the  following  Canons 
refer  only  to  non-consistorial  benefices  properly  so-called ;  those 
offices  mentioned  in  the  preceding  Canon  are,  therefore,  not  con- 
cerned in  the  succeeding  Canons  unless  the  contrary  is  evident. 

Canons  147-195,  treating  of  appointment  to  ecclesiastical 
offices,  are  to  be  observed  also  in  appointment  to  offices  with 
which  a  benefice  is  connected.  (Canon  1413.) 

CHAPTER  I. 
Constitution  or  Erection  of  Benefices. 

1257.  Consistorial  benefices  can  be  erected  by  the  Holy  See 
only. 

Besides  the  Roman  Pontiff,  the  Ordinaries  may  erect  in 
their  respective  territory  non-consistorial  benefices,  saving  the 
exception  of  Canon  394,  §  2,  which  reserves  to  the  Holy  See  the 
erection  of  dignities  in  the  Cathedral  Chapter. 

Vicars  general  cannot  erect  benefices  without  a  special  man- 
date of  their  Ordinary. 

Cardinals  may  erect  in  the  church  of  their  title  benefices 
which  have  not  the  care  of  souls  attached,  unless  the  church  be- 
longs to  a  clerical  exempt  community  of  religious.  (Canon 
1414.) 

1258.  Benefices  should  not  be  erected  unless  their  stable 
and  sufficient  endowment  is  assured,  from  which  revenues  accrue 
perpetually  in  the  manner  specified  in  Canon  1410. 

If  the  endowment  consists  in  a  certain  sum  of  money,  the 
Ordinary,  after  consultation  with  the  diocesan  board  of  admin- 
istration, spoken  of  in  Canon  1520,  shall  take  care  to  have  the 
money  as  soon  as  possible  invested  in  safe  and  fruitful  real  es- 
tate or  bonds. 


294  THE  NEW  CANON  LAW 

Where  a  proper  endowment  cannot  be  had  it  is  not  forbid- 
den to  erect  parishes  or  quasi-parishes,  if  it  can  be  prudently  fore- 
seen that  the  necessary  revenues  will  be  obtained  from  other 
sources.  (Canon  1415.) 

1259.  Before  a  benefice  is  erected  the  persons,  if  there  be 
any,  who-  are  interested  should  be  called  and  given  a  hearing. 
(Canon  1416.) 

1260.  If  a  benefactor  endows  a  benefice  he  may  with  the 
consent  of  the  Ordinary  at  the  time  of  foundation  attach  condi- 
tions even  contrary  to  the  common  law,  provided  they  are  not 
sinful  nor  incompatible  with  the  nature  of  the  benefice. 

Once  the  conditions  have  been  admitted  the  Ordinary  cannot 
validly  suppress  or  change  them,  unless  there  is  question  of 
changes  favorable  to  the  Church,  and  the  consent  of  founder  or 
patron,  as  the  case  may  be,  is  obtained.  (Canon  1417.) 

1261.  The  erection  of  benefices  is  to  be  made  by  legal  do- 
cument in  which  the  place  is  to  be  defined  where  the  benefice  is 
erected,  and  the  endowment,  rights  and  obligations  of  the  bene- 
ficiary are  described,    (Canon  1418.) 

CHAPTER  II. 

Union,  Transfer,  Division,  Dismembration,  Conversion  and 
Suppression  of  Benefices. 

1262.  The  union  pf  benefices  is : 

1.  extinctive,  if  out  of  two  or  more  benefices  one  only  bene- 
fice is  created,  or  one  or  several  are  united  to  another  in  such  a 
way  that  they  cease  to  exist ; 

2.  equally  principal,  if  the  united  benefices   remain  the 
same  as  they  were  before  without  subordination  of  one  to  the 
other ; 

3.  less  principal,  or  by  subjection  or  accession,  when  the 
various  benefices  remain  but  one  or  several  are  joined  in  subordi- 
nation to  another,  principal  benefice.     (Canon  1419.) 

1263.  In  the  extinctive  union  the  benefice  which  emerges 
out  of  the  union  of  several  benefices  has  all  the  rights  and  obli- 
gations of  the  various  benefices,  and,  if  they  are  incompatible  the 
better  and  more  favorable  rights  are  to  be  retained. 

In  the  equally  principal  union  each  benefice  conserves  its 
nature,  rights  and  obligations  but  by  virtue  of  the  effected  union 


CHANGE  OF  BENEFICES  295 

the  titles  to  the  various  benefices  are  conferred  on  one  and  the 
same  cleric. 

In  the  less  principal  union  the  accessory  benefice  follows  the 
principal  one  so  that  the  cleric  who  obtains  the  principal  benefice 
also  acquires  the  accessory  and  must  fulfil  the  obligations  of 
both.  (Canon  1420.) 

1264.  A  transfer  of  a  benefice  means  its  change  from  one 
place  to  another;  division,  when  two  or  more  benefices  are  made 
out  of  one;  dismenibration,  when  a  part  of  the  territory  or  of  the 
goods  is  taken  from  a  benefice  and  assigned  to  another  benefice, 
charitable  or  ecclesiastical  institution;  conversion,  when  a  bene- 
fice is  changed  into  another  kind;  suppression,  when  it  is  entirely 
extinguished.     (Canon  1421.) 

1265.  To  the  Holy  See  is  reserved  the  extinctive  union  of 
benefices,  their  suppression,   dismembration  which   is   done  by 
taking  away  goods  of  a  benefice  without  erecting  a  new  benefice, 
the  equally  or  less  principal  union  of  a  religious  benefice  with  a 
secular  one,  or  vice  versa,  also  the  transfer,  division  and  dismem- 
bration of  a  religious  benefice.     (Canon  1422.) 

1266.  Local  Ordinaries,  not,  however,  the  vicar  capitular 
nor  the  vicar  general  without  special  mandate,  may  for  reason  of 
necessity  or  great  and  evident  utility  of  the  Church,  effect  an 
equally  or  less  principal  union  of  parish  churches  among  them- 
selves or  with  a  non-curate  benefice,  provided,  however,  in  the 
latter  case  that  in  a  less  principal  union  of  a  parish  with  a  non- 
curate  office  the  non-curate  office  is  considered  the  accessory. 

The  bishop  cannot  unite  parishes  with  the  mensa  of  the 
Chapter  or  the  bishop,  with  monasteries,  churches  of  religious 
or  other  moral  persons,  nor  with  the  dignities  and  benefices  of 
the  cathedral  or  collegiate  church.  He  can,  however,  unite  the 
parish  with  the  cathedral  or  collegiate  church  situated  in  the  ter- 
ritory of  the  parish  in  such  way  that  the  revenues  of  the  parish 
go  to  the  benefit  of  the  cathedral  or  collegiate  church  itself,  leav- 
ing to  the  pastor  or  parochial  vicar  a  portion  sufficient  for  his 
maintenance. 

A  union  of  benefices  cannot  be  made  by  the  local  Ordinaries 
unles3  the  union  is  made  perpetual.  (Canon  1423.) 

1267.  The  Ordinaries  can  never  unite  any  benefices,  either 
with  or  without  the  care  of  souls,  to  the  detriment  of  those  who 
actually  are  in  possession  if  they  are  unwilling;  nor  unite  a  bene- 


296  THE  NEW  CANON  LAW 

fice  where  some  one  has  the  right  of  patronage  with  a  benefice  of 
free  appointment  without  the  consent  of  the  patron;  nor  the 
benefices  of  one  diocese  to  a  benefice  of  another  diocese  though 
both  dioceses  are  united  by  equally  principal  union  and  governed 
by  one  and  the  same  bishop;  nor  exempt  benefices,  or  those  re- 
served to  the  Holy  See,  with  any  other  benefices.  (Canon  1424.) 

1268.  If  a  parish  is  united  by  the  Holy  See  to  a  religious 
house  for  the  temporalities  only,  the  religious  house  has  only  the 
right  to  the  revenues  of  the  parish  but  it  remains  a  secular  parish, 
and  the  superior  has  the  right  of  presenting  a  priest  of  the  secular 
clergy  to  the  bishop  to  be  appointed  as  pastor.     In  the  United 
States  there  are,  as  a  rule,  no  such  arrangements. 

If  a  parish  is  by  Apostolic  indult  united  to  a  religious  house 
pleno  jure,  the  parish  belongs  to  the  religious  and  the  superior 
has  the  right  to  nominate  a  priest  of  the  community  to  act  as 
pastor,  but  the  bishop  has  the  right  to  examine  and  institute  him, 
and  he  is  subject  to  the  bishop's  correction  and  visitation  in  af- 
fairs relative  to  the  care  of  souls,  as  specified  in  Canon  631. 
Confer  also  Canon  533,  §  1,  n.  4.  (Canon  1425.) 

1269.  For  reason  of  necessity  or  utility  of  the  Church  the 
Ordinary  may  transfer  the  secular  parochial  benefice  from  one 
locality  to  another  in  the  same  parish.     Other  benefices  he  can 
transfer  only  when  the  churches  in  which  they  were  founded 
have  collapsed  and  cannot  be  repaired ;  they  are  to  be  transferred 
to  nearby  churches.    In  the  United  States  other  benefices  besides 
parishes  are  extremely  rare.     (Canon  1426.) 

1270.  Division  of  parishes  is  subject  to  the  following  rules : 
The  Ordinaries  can,  for  a  just  canonical  cause,  divide  any 

parishes,  also  against  the  will  of  the  rectors  and  without  the  con- 
sent of  the  people,  by  erecting  a  perpetual  vicariate  or  a  new 
parish,  or  by  dismembering  the  same  and  giving  part  to  another 
already  established  parish. 

There  is  only  one  canonical  reason  for  dividing  or  dismem- 
bering a  parish,  namely,  either  too  great  a  difficulty  for  the  people 
to  go  to  the  parish  church,  or  too  numerous  a  congregation,  whose 
spiritual  welfare  cannot  be  taken  care  of  by  the  appointment  of 
assistants  to  the  pastor. 

The  Ordinary  dividing  the  parish  must  assign  to  the  new 
parish  or  perpetual  vicariate  an  appropriate  portion  of  goods, 
saving  the  law  of  Canon  1500;  these,  unless  they  can  be  had  from 


CHANGE  OF  BENEFICES  297 

other  sources,  are  to  be  taken  from  any  of  the  revenues  of  the 
mother  church,  leaving,  however,  a  sufficient  amount  for  the 
existence  of  the  mother  church. 

If  the  perpetual  vicariate,  or  the  new  parish,  is  endowed  by 
the  revenues  of  the  parish  from  which  they  were  separated,  they 
must  show  respect  to  the  mother  church  in  the  manner  to  be 
pointed  out  by  the  Ordinary ;  the  bishop  cannot,  however,  reserve 
to  the  mother  church  the  exclusive  right  to  administer  the  Sacra- 
ment of  Baptism. 

If  a  parish  belonging  to  the  religious  is  divided,  the  new 
parish  or  perpetual  vicariate  does  not  belong  to  the  religious; 
likewise,  when  a  parish  in  which  the  right  of  patronage  exists  is 
divided,  the  new  parish  is  free  from  the  patronage.  (Canon 
1427.) 

1271.  The  local   Ordinaries   should   perform   the   union, 
transfer,  division,  dismembration  of  benefices  by  authentic  docu- 
ment, and  should  before  action  is  taken  consult  the  Chapter  or 
diocesan  consultors  and  persons  interested. 

The  union,  transfer,  division  and  dismembration  of  bene- 
fices made  without  the  canonical  reason  is  null  and  void. 

Against  the  Ordinary  who  unites,  divides,  etc.,  benefices,  re- 
course may  be  had  to  the  Holy  See  in  devolutivo.  His  orders 
must  be  obeyed  in  the  meantime.  (Canon  1428.) 

1272.  The  bishop  cannot  impose  on  any  kind  of  benefices 
perpetual  pensions,  or  pensions  to  last  for  the  lifetime  of  the  pen- 
sionary, but  he  may  when  conferring  the  benefice  impose  for  a 
just  cause,  to  be  stated  in  the  very  act  of  conferring  the  benefice, 
temporary  pensions  which  last  for  the  life  of  the  person  on 
whom  the  benefice  is  conferred ;  the  pension  must  not  be  so  high 
as  to  deprive  the  possessor  of  the  benefice  of  proper  support. 

The  bishop  cannot  burden  with  pensions  parochial  benefices 
except  in  favor  of  the  pastor  or  parochial  vicar  of  that  same 
parish  when  they  go  out  of  office;  this  pension,  however,  must 
not  exceed  one  third  of  the  revenue  of  the  parish,  after  expendi- 
tures and  uncertain  revenue  have  been  deducted. 

Pensions  imposed  on  benefices,  either  by  the  Roman  Pontiff 
or  by  others,  cease  with  the  death  of  the  pensionary,  who  cannot 
transfer  his  pension  to  another  unless  this  faculty  has  been  ex- 
pressly conceded  to  him.  (Canon  1429.) 

1273.  Benefices  to  which  the  care  of  souls  is  attached  can- 


298  THE  NEW  CANON  LAW 

not  be  turned  by  the  bishop  into  non-curate  benefices,  nor  can 
he  convert  religious  benefices  into  secular,  nor  secular  into  reli- 
gious benefices. 

Simple  benefices,  on  the  contrary,  can  be  turned  into  curate 
benefices,  provided  there  are  no  contrary  explicit  conditions  of 
the  founder.  (Canon  1430.) 

CHAPTER  III. 
Conferring  of  Benefices. 

1274.  Canons  1431-1447  which  treat  of  the  conferring  of 
benefices  have  reference  to  the  various   ecclesiastical  position 
throughout  the  entire  Church.     In  the  United  States  there  are 
practically  no  benefices  except  those  of  bishops  and  pastors,  the 
Holy  See  only  appoints  bishops,  the  pastors  are  appointed  by  the 
bishop. 

CHAPTER  IV. 

The  Right  of  Patronage. 

1275.  Canons  1448-1471  treat  of  the  right  of  patronage 
which  denotes  the  privileges  and  duties  which  the  law  grants  to 
Catholics  who  found  a  church,  chapel,  or  benefice.    The  principal 
privilege  of  the  founder  and  his  heirs  consists  in  the  right  to 
choose  the  priest  who  is  to  be  in  charge  of  the  church  or  benefice. 
If  no  canonical  disability  stands  in  the  way,  the  Ordinary  is 
obliged  to  appoint  the  priest  presented  by  the  patron.    While  the 
Code  does  not  abolish  the  acquired  rights  of  patrons,  if  they  are 
not  willing  to  sacrifice  their  rights  in  the  interest  of  the  Church, 
no  one  can  for  the  future  validly  acquire  the  right  of  patronage 
by  building  or  endowing  a  church,  chapel,  etc.    The  bishop  may, 
however,  admit  the  foundation  of  a  benefice  under  the  condition 
that  for  the  first  time  it  may  be  given  to  the  cleric  who  founds 
the  benefice,  or,  in  case  of  a  layman,  to  the  priest  whom  he  desig- 
nates.   To  encourage  pious  foundations  the  bishop  should  grant 
to  founders  spiritual  benefits,  for  example  a  definite  number  of 
Holy  Masses  to  be  said  each  year  for  their  intentions.    (Canons 
1450-1451.)     In  the  United  States  the  right  of  patronage  has 
practically  been  unknown,  due  to  the  fact  that  in  most  instances 
churches  and  chapels  were  not  built  or  endowed  by  individual 
Catholics  but  by  the  contributions  of  many  people. 


RIGHTS  AND  DUTIES  OF  BENEFICIARIES       299 

CHAPTER  V. 
Rights  and  Duties  of  Beneficiaries. 

1276.  Every  beneficiary,  after  having  legally  taken  posses- 
sion of  his  benefice,  enjoys  all  the  spiritual  and  temporal  rights  at- 
tached to  the  benefice.     (Canon  1472.) 

1277.  Though  the  beneficiary  has  goods  of  his  own  from 
which  he  could  live,  he  has  the  right  to  use  the  revenues  of  the 
benefice  in  such  quantity  as  is  necessary  for  his  proper  support. 
The  superfluous  revenues  are  to  be  used  for  the  benefit  of  the 
poor  or  of  charitable  institutions.     (Canon  1473.) 

1278.  Canons  1474-1483  have  reference  to  benefices  of  a 
character  different  from  our  parochial  benefices.     Parishes  are 
almost  the  only  benefices  in  existence  in  the  United  States.    How 
much  of  the  revenue  the  pastor  may  use  for  his  support  and  for 
his  personal  expenditures  is  regulated  by  the  statutes  of  the  indi- 
vidual dioceses,  which  also  determine  other  matters  relative  to 
the  temporal  administration  of  the  parishes, 

CHAPTER  VI. 

Resignation  and  Exchange  of  Benefices. 

1279.  The  Ordinary  shall  not  admit  the  resignation  of  a 
benefice  by  a  cleric  in  major  orders,  unless  he  knows  that  he  has 
sufficient  means  of  support  from  other  sources.    Canon  584  pro- 
vides that  the  parochial  benefice  becomes  vacant  one  year  from 
the  first  profession,  other  benefices  three  years  after  such  pro- 
fession, if  the  beneficiary  should  have  joined  a  religious  com- 
munity.   (Canon  1484.) 

1280.  The  resignation  of  the  benefice  under  the  title  of 
which  a  cleric  was  ordained  is  invalid  unless  explicit  mention  is 
made  that  he  was  ordained  under  its  title,  and  that  with  the  con- 
sent of  the  Ordinary  another  legitimate  title  of  ordination  has 
been  substituted.     (Canon  1485.) 

1281.  The  Ordinary  cannot  admit  a  resignation  for  the 
benefit  of  another,  or  under  a  condition  which  affects  the  con- 
ferring of  the  benefice  or  its  revenues.     In  the  case  only  where 
two  clergymen  contest  in  the  ecclesiastical  court  the  legal  claim 
to  the  benefice,  may  one  of  the  contestants  relinquish  his  claim  in 
favor  of  the  other. 


300  THE  NEW  CANON  LAW 

The  mutual  exchanging  of  two  benefices  cannot  be  made 
validly  except  for  reason  of  the  necessity  or  utility  of  the  Church 
with  the  consent  of  the  Ordinary,  and  also  of  the  patron  if  there 
is  question  of  a  benefice  over  which  another  has  the  right  of 
patronage,  and  provided  no  injury  is  done  to  a  third  party.  The 
vicar  capitular  cannot  give  this  permission  and  the  vicar  general 
needs  a  special  mandate  of  the  bishop.  Canon  185  requires,  how- 
ever, that  the  renunciation  in  order  to  be  valid  must  be  made  by 
the  resigning  party  either  in  writing,  or  orally  before  two  wit- 
nesses, or  also  by  proxy  authorized  by  special  mandate. 

The  Ordinary  shall  within  one  month  either  grant  or  deny 
his  consent;  the  exchange  becomes  valid  from  the  moment  in 
which  the  Ordinary  gives  his  consent. 

If  the  conferring  of  one  or  both  benefices  is  reserved  to  the 
Holy  See,  the  Ordinary  cannot  allow  the  exchange.  (Canon 
1486.) 

1282.  If  the  benefices  to  be  exchanged  are  unequal,  they 
cannot  be  made  equal  by  reservation  of  revenue,  or  payment  of 
money,  or  anything  else  having  the  value  of  money. 

Exchange  cannot  be  made  between  more  than  two  bene- 
ficiaries. (Canon  1488.) 

TITLE  XXVI. 
Other  Non-Collegiate  Institutes  of  the  Church. 

1283.  Hospitals,  orphan  asylums,  and  other  similar  insti- 
tutes destined  for  works  of  religion  or  charity,  either  bodily  or 
spiritual,  may  be  erected  by  the  Ordinary,  and  through  his  decree 
they  obtain  legal  personality. 

The  Ordinary  of  the  diocese  shall  not  approve  these  institu- 
tions unless  the  purpose  of  their  foundation  is  really  useful  and 
they  be  endowed  sufficiently  for  their  purpose. 

The  rector  of  such  an  institution  assumes  the  administration 
of  its  goods  in  accordance  with  the  laws  of  the  foundation.  He 
has  the  same  duties  and  rights  as  other  administrators  of  ecclesi- 
astical goods.  (Canon  1489.) 

1284.  If  a  private  individual  is  the  founder  of  a  hospital, 
orphan  asylum,  etc.,  he  should  in  the  document  of  foundation  ac- 
curately determine  the  purpose,  endowment,  administration  and 
government,  the  use  of  the  income,  and  to  whom  the  goods  are 
to  go  in  case  the  institution  is  discontinued. 


TEMPORAL  GOODS  OF  THE  CHURCH     301 

There  shall  be  made  two  copies  of  this  document,  one  to  be 
kept  in  the  archives  of  the  institution,  the  other  in  the  episcopal 
curia.  (Canon  1490.) 

1285.  The  Ordinary  of  the  diocese  has  the  right  to  visit  all 
such  institutions,  though  they  have  been  made  a  legal  person  and 
given  in  charge  of  exempt  persons. 

If  they  have  no  separate  legal  existence  but  are  attached  to 
a  religious  house,  the  bishop  has  complete  jurisdiction  in  the  case 
of  a  diocesan  congregation;  if  attached  to  a  congregation  of 
papal  law,  the  bishop  has  the  right  to  watch  over  the  religious 
teaching,  exercises  of  piety,  administration  of  the  Sacraments 
and  moral  conduct  in  these  institutions.  (Canon  1491.) 

1286.  Though  pious  institutes  should  be  exempt  from  the 
jurisdiction  and  visitation  of  the  bishop  either  by  foundation,  or 
prescription,  or  Apostolic  indult,  the  bishop  has  the  right  to  de- 
mand a  financial  statement ;  every  contrary  custom  is  disapproved. 

If  the  founder  of  an  institution  wants  the  administrators 
to  be  free  from  making  financial  statement  to  the  bishop,  the 
foundation  shall  not  be  accepted  by  the  bishop.  (Canon  1492.) 

1287.  The  local  Ordinary  shall  attend  to  it  that  the  pious 
requests  of  the  faithful  expressed  in  the  foundation  of  an  insti- 
tution are  complied  with.    (Canon  1493.) 

1288.  Without  permission  of  the  Holy  See  these  institu- 
tions cannot  be  suppressed,  united,  or  turned  to  purposes  other 
than  that  for  which  they  were  intended  by  the  founder,  unless 
other  provisions  are  made  in  the  document  of  foundation.  (Canon 
1494.) 

PART  VI. 

TEMPORAL  GOODS  OF  THE  CHURCH. 

1289.  The  Catholic  Church  and  the  Apostolic  See  have 
by  their  very  nature  the  right  freely  and  independently  of  the 
civil  power  to  acquire,  retain  and  administrate  temporal  goods 
for  the  prosecution  of  their  proper  purposes. 

Individual  churches,  and  other  moral  persons,  constituted 
legal  persons  by  the  authority  of  the  Church,  have  the  right  to 
acquire,  retain  and  administrate  temporal  goods  according  to  the 
sacred  Canons.  (Canon  1495.) 

1290.  The  Church  has  also  the  right  independently  of  the 
civil  authorities  to  demand  of  the  faithful  the  necessary  means 


302  THE  NEW  CANON  LAW 

for  the  conducting  of  Divine  worship,  the  maintenance  of  the 
clergy  and  of  others  working  for  the  Church,  and  for  all  other 
purposes  proper  to  the  end  for  which  the  Church  is  established. 
(Canon  1496.) 

1291.  The  temporal  goods,  both  movable  and  immovable, 
and  the  temporal  rights  which  belong  either  to  the  universal 
Church,  or  to  the  Apostolic  See,  or  to  another  legal  person  in  the 
Church,  are  ecclesiastical  goods. 

These  goods  are  called  sacred,  if  they  have  been  destined 
for  Divine  worship  by  consecration  or  blessing;  precious,  if  they 
have  great  value  either  on  account  of  art,  or  history,  or  material. 
(Canon  1497.) 

1292.  In  the  following  Canons  the  term  Church  signifies 
not  only  the  universal  Church,  or  the  Apostolic  See,  but  also 
every  legal  person  of  the  Church,  unless  the  contrary  is  apparent 
from  the  context  or  from  the  very  nature  of  the  law.     (Canon 
1498.) 

TITLE  XXVII. 

Acquisition  of  Ecclesiastical  Goods. 

1293.  The  Church  may  acquire  temporal  goods  by  all  just 
means,  of  both  the  natural  and  positive  law,  by  which  others  may 
acquire  goods. 

The  ownership  of  the  goods  belongs  under  the  supreme 
authority  of  the  Apostolic  See  to  that  legal  person  which  right- 
fully acquired  these  same  goods.  (Canon  1499.) 

1294.  If  the  territory  of  a  legal  ecclesiastical  person  is 
divided  so  that  either  a  part  of  it  is  united  to  another  legal  per- 
son, or  a  distinct  legal  person  is  constituted  by  the  separation, 
the  common  goods  which  were  destined  for  the  benefit  of  the 
entire  territory,  and  also  the  debts  contracted  for  the  whole  ter- 
ritory, shall  be  divided  with  proper  proportion  and  in  all  fairness 
by  the  competent  ecclesiastical  authority  which  orders  the  divi- 
sion.    Due  regard  shall  be  had  for  the  intentions  of  founders 
and  benefactors,  for  acquired  legal  rights  and  for  special  laws 
governing  certain  legal  persons.     (Canon  1500.) 

1295.  If  a  legal  person  ceases  to  exist,  its  goods  shall  be- 
long to  the  immediate  superior  legal  person,  saving  always  the 
will  and  intentions  of  founders  and  benefactors,  lawfully  ac- 


ACQUISITION  OF  ECCLESIASTICAL  GOODS      303 

quired  rights  and  the  special  laws  which  governed  the  extinct 
person.     (Canon  1501.), 

1296.  The  payment  of  the  dccimae  and  primitive  shall  be 
governed  by  the  special  laws  and  laudable  customs  of  each  coun- 
try.    (Canon  1502.) 

1297.  Private  individuals,   both  clerics  and  laymen,   are 
forbidden  to  collect  alms  for  any  charitable  or  ecclesiastical  in- 
stitution or  purpose  without  the  written  permission  of  either  the 
Apostolic  See  or  of  their  own  Ordinary  and  the  bishop  of  the 
place  where  the  alms  are  to  be  collected.    Canons  621-624  regu- 
late the  collection  of  alms  by  religious.     (Canon  1503.) 

1298.  All  churches  or  benefices  subject  to  the  jurisdiction 
of  a  bishop  must  annually  pay  to  the  bishop  the  cathedraticum, 
or  a  moderate  tax  as  a  token  of  subjection,  to  be  determined  by 
the  bishop  according  to  Canon  1507,  §  1,  unless  it  has  already 
been  fixed  by  ancient  custom.     (Canon  1504.) 

1299.  The  bishop  can  impose  for  reason  of  special  needs 
of  the  diocese  an  extraordinary  moderate  tax  on  all  beneficiaries, 
both  of  the  secular  and  the  religious  clergy,  besides  the  seminary 
assessment  mentioned  in  Canons  1355  and  1356,  and  the  pensions 
spoken  of  in  Canon  1429.     (Canon  1505.) 

1300.  Other  taxes  for  the  benefit  of  the  diocese  or  a  patron 
the  bishop  can  impose  on  churches,  benefices  and  other  ecclesias- 
tical institution?,  only  at  the  time  of  foundation  or  consecration. 
No  tax  can  be  imposed  on  Mass  stipends,  whether  given  in  the 
ordinary  way  or  by  the  foundation  of  Masses.     (Canon  1506.) 

1301.  Saving  the  rules  laid  down  in  Canons   1056  and 
1234,  the  taxation  of  various  acts  of  so-called  voluntary  juris- 
diction, which  means  the  concession  of  dispensations  and  other 
favors,  and  for  the  execution  of  rescripts  of  the  Holy  See,  or  on 
occasion  of  the  administration  of  the  Sacraments  and  sacramen- 
tals,  may  be  fixed  for  the  whole  ecclesiastical  province  by  the 
Provincial  Council  or  in  a  meeting  of  the  bishops  of  the  Pro- 
vince; but  such  regulation  of  taxes  shall  not  have  any  force  un- 
less first  approved  by  the  Holy  See. 

The  taxes  for  judicial  acts  are  laid  down  in  Canon  1909. 
(Canon  1507.) 

1302.  Prescription  by  means  of  which  a  person  may  ac- 
quire rights,  or  free  itself  from  obligations,  is  accepted  by  the 
Church  in  reference  to  ecclesiastical  goods  in  the  manner  in 


304  THE  NEW  CANON  LAW 

which  the  civil  laws  of  the  respective  countries  admit  prescrip- 
tion, saving  the  exceptions  contained  in  the  following  Canons. 
(Canon  1508.) 

1303.  Not  subject  to  prescription  are: 

1.  the  rights  and  duties  of  the  Divine  law,  both  natural  and 
positive ; 

2.  rights  which  can  be  obtained  only  by  Apostolic  indult ; 

3.  spiritual  rights  of  which  the  laymen  are  incapable,  if 
there  is  question  of  prescription  in  favor  of  lay  people; 

4.  the  fixed  limits  of  the  territory  of  ecclesiastical  pro- 
vinces, dioceses,  parishes,  vicariates  and  prefectures  apostolic, 
abbeys  and  prelacies  nullius; 

5.  stipends  and  obligations  of  Masses; 

6.  an  ecclesiastical  benefice  without  a  title  to  the  same ; 

7.  the  right  of  visitation  and  obedience  in  such  manner 
that  the  subjects  cannot  be  visited  by  any  prelate  and  are  no 
longer  subject  to  any  prelate; 

8.  the  payment  of  the  cathedraticum.     (Canon  1509.) 

1304.  Sacred  objects  which  are  in  the  dominion  of  private 
persons  can  be  acquired  by  private  individuals  by  right  of  pre- 
scription but  they  may  not  use  these  objects  for  profane  pur- 
poses.   If  they  have  lost  the  consecration  or  blessing,  they  may 
be  freely  acquired  also  for  profane,  not,  however,  for  indecent 
purposes. 

Sacred  objects  which  are  not  in  possession  of  private  indi- 
viduals can  be  prescribed  by  a  legal  ecclesiastical  person  against 
another  legal  ecclesiastical  person,  not,  however,  by  private  indi- 
viduals. (Canon  1510.) 

1305.  Immovable  and  movable  precious  goods,  rights  and 
actions,  both  personal  and  real,  belonging  to  the  Apostolic  See 
are  prescribed  by  a  space  of  one  hundred  years. 

Goods  and  rights  belonging  to  another  ecclesiastical  legal 
person  are  prescribed  by  a  space  of  thirty  years.  (Canon  1511.) 

1306.  No  prescription  is  valid  unless  it  is  based  on  good 
faith,  not  only  in  the  beginning  of  possession  but  during  the 
whole  time  required  for  prescription.     (Canon  1512.) 

1307.  He  who  can  either  by  natural  or  by  ecclesiastical 
law  freely  dispose  of  his  goods,  may  relinquish  them  in  favor  of 
pious  institutions,  either  by  donation  or  by  last  will. 

In  a  last  will  made  in  favor  of  the  Church  the  formalities 


ACQUISITION  OF  ECCLESIASTICAL  GOODS      305 

of  the  civil  law  should  be  complied  with,  if  possible;  if  they  were 
omitted,  the  heirs  should  be  admonished  to  fulfil  the  will  of  the 
testator.  (Canon  1513.) 

The  present  Canon  indirectly  settles  the  dispute  as  to  the 
obligation  of  heirs  to  fulfil  the  last  will  made  in  favor  of  some 
ecclesiastical  institution,  if  the  last  will  was  invalid  for  lack  of 
the  formalities  prescribed  by  the  civil  law.  The  Canon  does  not 
impose  a  strict  obligation  on  the  heirs  but  wants  them  to  be  ad- 
monished to  fulfil  the  will  of  the  testator. 

1308.  The  will  of  the  faithful  who  leave  their  goods  by 
donation  or  last  will  to  pious  institutions  should  be  most  faith- 
fully executed,  also  in  reference  to  the  manner  desired  by  the 
giver  in  the  administration  and  application  of  the  goods,  saving 
the  law  of  Canon  1515,  §  3.     (Canon  1514.) 

1309.  The  Ordinaries  are  the  executors  of  all  bequests 
made  in  favor  of  pious  institutions,  either  by  donation  or  last 
will. 

By  virtue  of  this  right  the  Ordinaries  have  the  power  and 
obligation,  also  by  way  of  visitation,  to  see  to  it  that  the  pious 
intentions  are  complied  with,  and  other,  delegated,  executors 
must  give  an  account  to  the  bishop  of  the  exercise  of  their  office. 

If  there  are  any  clauses  added  to  the  last  will  derogatory 
to  this  right  of  the  bishop  they  are  not  to  be  considered.  (Canon 
1515.) 

1310.  The  cleric  or  religious  who  has,  either  by  way  of 
donation  or  by  last  will,  received  goods  in  trust  for  pious  pur- 
poses, must  notify  the  Ordinary  and  indicate  to  him  all  such 
goods,  both  movable  and  immovable,  with  the  obligations  at- 
tached to  them;  if  the  donor  has  explicitly  and  absolutely  for- 
bidden to  refer  the  matter  to  the  Ordinary  the  cleric  or  religious 
shall  not  accept  the  trust. 

The  Ordinary  must  demand  that  the  goods  received  in  trust 
are  safely  invested  and  watch  over  the  fulfilment  of  the  pious 
intentions  of  the  testator,  according  to  Canon  1515. 

If  a  religious  is  put  in  trust  of  goods  left  in  favor  of  any 
church  of  the  diocese,  or  for  the  benefit  of  residents  or  pious 
works  in  the  diocese,  the  Ordinary  spoken  of  in  the  two  preced- 
ing paragraphs  of  this  Canon  is  the  Ordinary  of  the  diocese, 
otherwise  the  major  religious  superior.  (Canon  1516.) 

1311.  The  reduction,  changing,  commutation  of  last  wills, 


306  THE  NEW  CANON  LAW 

wills,  which  is  to  be  made  only  for  just  and  necessary  causes,  is 
reserved  to  the  Holy  See,  unless  the  founder  has  explicitly  given 
this  power  to  the  local  Ordinary. 

If,  however,  the  execution  of  the  imposed  obligations  has 
become  impossible  on  account  of  a  decrease  in  the  revenue,  which 
was  not  caused  by  any  fault  of  the  administrators,  the  Ordinary 
after  having  heard  the  parties  interested,  and  trying  to  adhere 
as  much  as  possible  to  the  will  of  the  deceased  founder,  may  re- 
duce the  obligation  according  to  the  laws  of  equity;  the  reduction 
of  Masses,  however,  is  reserved  exclusively  to  the  Holy  See. 
(Canon  1517.) 

TITLE  XXVIII. 

The  Administration  of  Ecclesiastical  Goods. 

1312.  The  Roman  Pontiff  is  the  supreme  administrator 
and  dispenser  of  all  ecclesiastical  goods.     (Canon  1518.) 

1313.  The   local   Ordinary   has   the   duty   to    faithfully 
watch  over  the  administration  of  all  ecclesiastical  goods  in  the 
territory  of  his  jurisdiction,  except  those  exempted  from  his 
authority;  he  may,  however,  have  acquired  jurisdiction  even  over 
exempt  goods  by  legal  prescription. 

Having  due  regard  to  the  rights,  legitimate  customs  and 
circumstances,  the  Ordinaries  shall,  within  the  limits  of  the  com- 
mon law,  issue  opportune  instructions  for  the  administration  and 
business  transactions  concerning  all  ecclesiastical  goods.  (Canon 
1519.) 

1314.  In  every  diocese  the  bishop  shall  establish  a  board 
of  administrators  which  is  to  consist  of  the  bishop  as  president 
and  two  or  more  qualified  men,  who  should,  as  far  as  possible, 
be  familiar  also  with  the  civil  law  relative  to  goods  and  property. 
The  members  of  the  board  are  to  be  appointed  by  the  bishop  after 
consultation  with  the  cathedral  Chapter  or  the  diocesan  consul- 
tors.    If  by  special  law  or  by  custom  sufficient  provision  is  made 
already  for  administration  by  a  similar  board,  it  will  suffice. 

Persons  related  to  the  bishop  by  blood  relationship,  or  affin- 
ity in  the  first  and  second  degree,  cannot  be  appointed  to  .the 
office  of  administrator,  except  by  indult  of  the  Holy  See. 

The  Ordinary  shall  not  omit  to  consult  the  board  of  ad- 
ministrators in  affairs  of  great  importance ;  the  vote  of  the  board, 
however,  is  only  consultive,  unless  the  common  law  in  some  cases 


ECCLESIASTICAL  GOODS  307 

explicitly  states  that  it  is  decisive,  or  the  document  of  foundation 
of  some  benefice  gives  such  a  vote  to  the  board. 

The  members  of  the  board  shall  take  an  oath  before  the  Or- 
dinary for  the  faithful  attendance  to  their  office.  (Canon  1520.) 
•  1315.  Besides  the  diocesan  board  of  administrators,  the 
bishop  shall  appoint  good  and  conscientious  men  for  the  adminis- 
tration of  goods  belonging  to  a  church  or  charitable  institution 
which  has  no  administrator  by  law,  neither  by  the  special  pro- 
vision of  a  founder.  They  should  be  in  office  for  three  years, 
unless  the  circumstances  of  the  place  make  other  arrangements 
advisable. 

If  laymen  have  part  in  the  administration  of  ecclesiastical 
goods,  either  by  legitimate  title  of  foundation,  or  by  the  will  of 
the  bishop,  the  administration  must  be  entirely  transacted  in  the 
name  of  the  Church  and  the  Ordinary  has  the  right  of  visitation, 
of  demanding  an  account,  and  of  prescribing  rules  for  the  man- 
ner of  administration.  (Canon  1521.) 

1316.  The    administrators    mentioned    in    the    preceding 
Canon  must,  before  entering  upon  their  office : 

1.  take  an  oath  before  the  bishop  or  the  dean  of  the  dis- 
trict that  they  will  faithfully  attend  to  the  administration; 

2.  make  an  accurate  new  inventory  of  all  immovable  and 
movable  goods  of  any  kind,  with  their  description  and  valuation, 
subscribed  to  by  all  the  administrators;  if  they  use  an  old  inven- 
tory, those  goods  that  were  lost  as  well  as  those  acquired  since  it 
was  made  must  be  noted  or  added  to  it. 

Of  this  inventory  one  copy  is  to  be  kept  in  the  archives  of 
the  administration,  and  another  in  the  archives  of  the  episcopal 
curia.  In  each  copy  shall  be  noted  any  change  which  the  goods 
of  the  church  or  institution  may  suffer.  (Canon  1522.) 

1317.  The  administrators  shall  fulfill  their  office  with  the 
same  solicitude  as  exercised  by  the  father  of  a  family,  and  they 
shall  therefore : 

1.  watch  that  the  ecclesiastical  goods  confided  to  their  care 
do  not  get  lost  or  suffer  damage  in  any  way ; 

2.  observe  the  rules  of  Canon  Law,  as  well  as  the  civil  law, 
and  the  special  regulations  imposed  either  by  the  founder  or 
donor  and  the  legitimate  authority ; 

3.  collect  the   revenue  due  to  the  institution,   place  the 
money  safely,  and  spend  it  according  to  the  mind  of  the  founder 
and  the  existing  laws  and  regulations ; 


308  THE  NEW  CANON  LAW 

4.  the  money  of  a  church  which  is  over  and  above  expen- 
ditures,  and   which   can  be  usefully  invested,   shall,   with   the 
consent  of  the  Ordinary,  be  invested  for  the  benefit  of  the  church; 

5.  they  shall  keep  the  accounts  of  income  and  expenditures 
in  good  order ; 

6.  put  in  good  order  the  documents  and  papers  which  serve 
as  proof  of  the  rights  of  the  church  and  carefully  keep  them  in 
the  archives  or  in  the  safe  of  the  church;  authentic  copies  of 
these  should,  as  far  as  possible,  be  made  and  kept  in  the  archives 
of  the  episcopal  Curia.     (Canon  1523.) 

1318.  All  administrators  of  ecclesiastical  goods,  and  espe- 
cially priests  and  religious,  must  pay  the  workmen  whom  they 
employ  good  and  fair  wages,  and  must  see  to  it  that  at  a  con- 
venient time  they  are  free  for  prayer;  must  not  in  any  way  dis- 
suade them   from  their  domestic   duties  and  thrift;   and  not 
impose  on  them  more  work  than  their  strength  can  bear,  nor  work 
which  does  not  agree  with  their  age  and  sex.     (Canon  1524.) 

1319.  Each  year  all  administrators,  both  clerics  and  lay- 
men, are  bound  to  give  a  financial  statement  to  the  bishop.    Cus- 
tom contrary  to  this  obligation  is  disapproved  in  law. 

If  by  special  law  financial  statement  has  to  be  made  to  cer- 
tain specified  persons,  the  Ordinary  or  his  delegate  must  never- 
theless be  admitted  to  inspect  the  report,  otherwise  the  adminis- 
trators have  not  satisfied  their  duty.  (Canon  1525.) 

1320.  The  administrators  shall  not  start  a  lawsuit  in  the 
name  of  the  church  concerning  church  goods  unless  they  have 
previously  obtained  the  bishop's  consent  in  writing,  or  the  dean's 
in  urgent  cases;  the  dean  shall  at  once  inform  the  Ordinary  of 
the  case.     (Canon  1526.) 

1321.  Administrators  act  invalidly  in  actions  which  exceed 
the  limits  of  ordinary  administration,  unless  they  first  obtain  the 
bishop's  consent  in  writing. 

The  Church  is  not  held  to  the  contracts  made  by  administra- 
tors without  the  permission  of  the  competent  superior,  except 
when,  and  in  as  far  as,  it  has  turned  to  its  advantage.  (Canon 
1527.) 

1322.  Administrators  who,  even  though  not  obliged  to  the 
administration  by  reason  of  the  benefice  or  office,  drop  the  office 
of  administrator  which  they  had  explicitly  or  tacitly  accepted 
and  cause  by  their  withdrawal  damage  to  the  Church  are  held  to 
restitution.    (Canon  1528.) 


CONTRACTS  309 

TITLE  XXIX. 
Contracts. 

1323.  The  civil  law  on  contracts  and  payments  of  all  kinds 
is  to  be  observed  also  by  virtue  of  Canon  Law,  with  the  same 
effects  of  licitness,  invalidity,  etc.,  in  contracts  concerning  ecclesi- 
astical goods,  unless  the  civil  law  in  some  of  its  rules  is  contrary 
to  the  Divine  law,  or  the  Canon  Law  explicitly  lays  down  other 
conditions  for  certain  contracts.     (Canon  1529.) 

1324.  For  the  alienation  of  immovable  ecclesiastical  goods 
and  movable  goods  which  can  be  preserved,  the  following  is  re- 
quired :    ( 1 )  a  valuation  to  be  made  in  writing  by  conscientious 
experts;  (2)  a  just  cause  which  consists  either  in  urgent  neces- 
sity or  evident  utility  to  the  church  or  charitable  institutions; 
(3)   permission  of  the  legitimate  superior  without  which  the 
alienation  is  invalid. 

Other  opportune  precautions,  which  the  ecclesiastical  su- 
perior should  demand  according  to  the  circumstances  of  the  case, 
must  be  observed  in  order  that  no  damage  may  come  to  the 
Church.  (Canon  1530.) 

1325.  The  goods  must  not  be  disposed  of  for  less  than  they 
were  appraised. 

The  sale  is  to  be  done  by  public  auction,  or,  at  least,  to  be 
announced  publicly,  unless  circumstances  make  a  different  course 
advisable;  the  goods  should  be  sold  to  the  one  who,  all  things 
considered,  offers  the  better  price. 

The  money  obtained  from  the  sale  of  the  goods  shall  be 
carefully  placed  in  safe  and  useful  investments.  (Canon  1531.) 

1326.  The  legitimate  superior  for  the  granting  of  permis- 
sion to  alienate  church  property  is  the  Holy  See  if  there  is  ques- 
tion, (1)  of  precious  goods  (confer  Canon  1497  as  to  the  mean- 
ing of  res  pretiosa},  (2)  of  goods  which  exceed  in  value  thirty 
thousand  francs,  about  $6,000.00. 

If  there  is  question  of  goods  which  do  not  exceed  in  value 
one  thousand  francs,  about  two  hundred  dollars,  the  Ordinary 
may  give  permission  after  having  heard  the  board  of  administra- 
tors and  the  persons  interested,  unless  the  matter  is  of  very  small 
value. 

If  there  is  question  of  goods  valued  at  between  one  thousand 
and  thirty  thousand  francs,  the  Ordinary  may  give  permission 


310  THE  NEW  CANON  LAW 

provided  he  obtains  the  consent  of  the  cathedral  Chapter  or  the 
diocesan  consultors  and  the  board  of  administration,  and  of  those 
interested. 

If  there  is  question  of  disposing  of  goods  which  can  be  sold 
in  parts,  it  is  necessary  when  asking  for  permission  or  consent  to 
state  what  part  or  portion  was  sold  before;  otherwise  the  per- 
mission is  invalid.  (Canon  1532.) 

1327.  The  formalities  demanded  by  Canons  1530-1532  are 
required  not  only  in  an  alienation  properly  so  called,  but  also  for 
any  contract  by  which  the  condition  of  the  church  becomes  worse. 
(Canon  1533.) 

1328.  The  Church  has  the  right  of  personal  action  against 
him  who  without  due  formalities  alienated  ecclesiastical  goods 
and  against  his  heirs;  a  right  of  real  action,  if  the  alienation  was 
invalid,  against  any  possessor  of  the  illegally  sold  goods;  the 
buyer  has  the  right  to  sue  the  person  who  illegally  sold  him 
church  goods. 

Action  can  be  brought  against  the  invalid  alienation  of  eccle- 
siastical goods  by  the  person  who  sold  them,  by  his  superior,  or 
their  successors  in  office,  and  by  any  cleric  assigned  to  the  church 
which  suffered  harm.  (Canon  1534.) 

1329.  The  prelates  and  rectors  shall  not  dare  to  make  do- 
nations from  the  movable  goods  of  their  churches  except  in  small 
amounts  sanctioned  by  legitimate  custom  of  the  place,  and  only 
for  reasons  of  just  remuneration,  or  piety,  or  Christian  charity; 
otherwise  the  donations  can  be  recalled  by  their  successors  in 
office.     (Canon  1535.) 

1330.  Unless  the  contrary  is  proved,  it  is  to  be  presumed 
that  donations  given  to  rectors  of  churches,  also  to  rectors  be- 
longing to  religious  communities,  are  given  to  the  church. 

A  donation  given  to  the  church  cannot  be  refused  by  the 
rector  or  the  superior  without  permission  of  the  Ordinary. 

If  a  donation  to  the  church  has  been  illegally  refused,  action 
may  be  instituted  for  restitutio  in  integrum,  or  for  indemnity  on 
account  of  the  loss  the  church  has  suffered. 

A  donation  made  to  the  church  and  lawfully  accepted  by  the 
same  cannot  be  recalled  by  the  benefactor  on  account  of  ingrati- 
tude of  the  prelate  or  rector.  (Canon  1536.) 

1331.  Sacred  objects  shall  not  be  loaned  for  purposes  re- 
pugnant to  their  nature.     (Canon  1537.) 


CONTRACTS  311 

1332.  If  the  goods  of  a  church  are  for  good  reasons  to  be 
placed  under  mortgage  or  similar  obligation,  or  debts  are  to  be 
contracted,  the  superior  who  has  according  to  Canon  1532  the 
right  to  grant  permission,  shall  insist  that  previously  all  parties 
interested  are  heard,  and  attend  to  it  that  the  debts  are  paid  as 
soon  as  possible. 

The  Ordinary  should  for  this  purpose  determine  how  much 
is  to  be  paid  off  annually.  (Canon  1538.) 

1333.  In  the  sale  or  exchange  of  sacred  objects  the  price 
must  not  in  any  way  be  raised  on  account  of  their  consecration 
or  blessing. 

Administrators  may  change  notes  payable  to  bearer  into 
other  investments  at  least  equally  safe  and  fruitful,  without, 
however,  any  kind  of  barter,  and  with  the  consent  of  the  Ordi- 
nary and  the  diocesan  board  of  administrators  and  the  parties 
interested.  (Canon  1539.) 

•  1334.  The  immovable  goods  of  the  church  must  not  be 
sold  or  rented  to  the  administrators  of  the  same  church,  or  to 
persons  related  to  them  in  the  first  and  second  degree  of  consan- 
guinity or  affinity,  without  special  permission  of  the  local  Ordi- 
nary. (Canon  1540.) 

1335.  Land  belonging  to  the  church  should  not  be  rented 
except  by  public  auction,  or  other  public  announcement,  and  con- 
ditions are  to  be  added  to  the  contract  concerning  the  guarding 
of  the  boundaries,  proper  cultivation  of  the  soil,  and  payment  of 
the  rent,  all  of  which  should  be  secured  by  legal  document. 

In  renting  ecclesiastical  goods  the  following  rules  are  to  be 
observed :  (1 )  if  the  value  of  the  renting  exceeds  thirty  thousand 
francs  and  lasts  over  nine  years,  the  beneplacitum  of  the  Holy 
See  is  required;  if  the  renting  does  not  extend  over  nine  years, 
the  rule  of  Canon  1532,  §  3,  is  to  be  followed;  (2)  if  the  value  is 
between  one  thousand  and  thirty  thousand  francs  and  the  renting 
extends  over  nine  years  Canon  1532,  §  3  rules,  if  not  above  nine 
years,  §  2  of  the  same  Canon;  (3)  if  the  value  does  not  exceed 
one  thousand  francs  and  the  renting  extends  over  nine  years, 
Canon  1532,  §  2,  is  to  be  observed ;  if  it  does  not  extend  over  nine 
years,  it  may  be  done  by  the  legitimate  administrators,  having 
first  notified  the  bishop.  (Canon  1541.) 

1336.  In  a  lease  of  ecclesiastical  property  the  lessee  cannot 
purchase  the  canonical  portion  of  the  fruits  of  the  land,  due  to 


312  THE  NEW  CANON  LAW 

the  church,  without  permission  of  the  legitimate  ecclesiastical 
superior  spoken  of  in  Canon  1532;  if  he  buys  this  portion  he 
must  at  least  pay  as  much  money  to  the  church  as  the  portion  is 
worth. 

Proper  security  is  to  be  demanded  of  the  lessee  for  the  spe- 
cified portion  of  the  produce  and  other  conditions.  In  the  docu- 
ment itself  granting  the  lease  (in  Canon  Law  for  at  least  a  period 
of  ten  years)  it  should  be  stated  that  the  ecclesiastical  court  is  to 
be  the  arbitrator  in  disputes  that  may  arise,  and  that  the  improve- 
ments of  the  property  are  to  remain  attached  to  the  property. 
(Canon  1542.) 

1337.  If  goods  are  loaned  which  are  consumed  by  use  in 
such  a  manner  that  the  other  becomes  at  once  the  owner  and  they 
are  to  be  returned  by  goods  of  the  same  kind,  (a  contract  which 
theologians  call  "mutuum")  nothing  can  be  asked  by  reason  of 
the  contract  itself;  in  an  ordinary  loan,  however,  of  goods  which 
are  consumed  by  use  it  is  not  in  itself  unlawful  to  make  an  agree- 
ment for  legal  interest,  unless  the  interest  is  too  high ;  but  agree- 
ment for  higher  interest  than  the  law  allows  may  be  made  if 
there  is  a  just  and  proportionate  reason  for  such  a  demand. 
(Canon  1543.) 

TITLE  XXX. 

Pious  Foundations. 

1338.  By  the  name  of  pious  foundations  are  meant  tem- 
poral goods  given  to  a  legal  ecclesiastical  person  in  any  manner, 
with  the  perpetual  obligation,  or  an  obligation  of  many  years 
to  say  annually  some  Masses,  or  perform  other  specified  func- 
tions, or  do  some  works  of  piety  and  charity  with  the  revenue 
of  the  donated  goods. 

The  foundation  when  legitimately  accepted  has  the  nature 
of  a  bilateral  contract:  do  ut  facias.  (Canon  1544.) 

1339.  It  is  the  right  of  the  bishop  to  prescribe  the  regula- 
tions concerning  the  quantity  of  the  endowment  for  less  than 
which  no  pious  foundation  can  be  accepted,  and  the  distribution 
of  the  income  of  the  foundation.     (Canon  1545.) 

1340.  The  written  consent  of  the  Ordinary  of  the  diocese 
is  required  for  the  acceptance  of  such  foundation  by  legal  per- 
sons; the  Ordinary  should  not  grant  the  consent  unless  he  has 
previously  ascertained  that  the  church  or  institution  can  satisfy 


PIOUS  FOUNDATIONS  313 

the  old  foundations  as  well  as  the  new  one;  above  all  he  shall 
take  care  that  the  income  from  the  foundation  correspond  to  the 
imposed  obligations,  according  to  the  custom  of  the  respective 
diocese. 

In  the  accepting,  constituting  and  administrating  of  the 
foundation  the  patron  of  a  church  has  no  rights.  (Canon  1546.) 

1341.  Money  and  movable  goods  given  for  the  endow- 
ment of  a  foundation  are,  by  authority  of  the  bishop,  to  be  put 
in  a  safe  place  until  they  can  be  invested  for  the  benefit  of  the 
foundation.     The  parties  interested  and  the  diocesan  board  of 
administrators  are  to  be  consulted  before  the  bishop  invests  the 
money ;  the  obligations  attached  to  the  foundation  are  to  be  speci- 
fied individually.     (Canon  1547.) 

1342.  Foundations,  though  made  orally,  shall  be  put  in 
writing.    One  copy  is  to  be  kept  in  the  archives  of  the  episcopal 
curia,  another  in  the  archives  of  the  place  where  the  foundation 
is  placed.     (Canon  1548.) 

1343.  Besides  the  regulations  of  Canons  1514-1517  and 
1525,  there  shall  in  every  church  a  list  be  made  of  the  obligations 
imposed  by  pious  foundations,  which  the  rector  shall  keep  in  a 
safe  place. 

Besides  the  book  in  which  the  manual  Mass  stipends  are  en- 
tered, another  record  is  to  be  kept  of  perpetual  or  temporary 
foundation  Masses,  which  record  is  to  be  guarded  by  the  rector; 
the  application  of  the  Masses  and  the  amount  of  stipends  re- 
ceived must  be  noted  in  this  book,  and  account  is  to  be  given  to 
the  Ordinary  concerning  these  Masses.  (Canon  1549.) 

1344.  If  there  is  question  of  pious  foundations  in  churches 
of  exempt  religious,  though  they  be  parish  churches,  the  rights 
and  duties  of  the  local  Ordinary,  of  which  Canons  1545-1549 
treat,  belong  exclusively  to  the  major  superior  of  the  religious. 
(Canon  1550.) 

1345.  The  reduction  of  obligations  imposed  by  pious  foun- 
dations is  exclusively  reserved  to  the  Holy  See,  unless  the  docu- 
ment of  foundation  explicitly  gives  to  the  bishop  more  rights; 
the  Masses,  however,  can  never  be  reduced  by  the  bishop,  as 
Canon  1517,  §  2,  rules. 

The  indult  to  reduce  foundation  Masses  does  not  give  power 
to  reduce  other  Masses  due  by  contract,  nor  other  offices  and 
duties  imposed  by  the  pious  foundations. 


314  THE  NEW  CANON  LAW 

The  general  indult  to  reduce  the  obligations  of  pious  foun- 
dations is  to  be  understood  in  the  sense  that  the  person  pos- 
sessing the  indult  reduce  other  obligations  rather  than  Masses, 
unless  there  are  reasons  to  prove  that  the  indult  was  given  for 
reduction  of  Masses.  (Canon  1551.) 


THE  FOURTH   BOOK 

Canonical  Trials 

PART  I. 
PROCEDURE  IN  COURT. 

1346.  By  the  name  of  ecclesiastical  procedure  are  under- 
stood the  discussion  and  settlement  before  the  ecclesiastical  tri- 
bunal of  controversies  over  matters  in  which  the  Church  has  the 
right  to  judge. 

The  subject-matter  of  canonical  trials  are:  (1)  the  prose- 
cution or  vindication  of  the  right  of  physical,  or  moral,  persons, 
or  to  declare  the  actions  of  these  persons  legal;  this  is  called  indi- 
cium contentiosum;  (2)  offences,  in  order  to  inflict  or  declare  a 
penalty;  this  is  called  a  indicium  criminate.  (Canon  1552.) 

1347.  The  Church  by  her  own  exclusive  right  judges: 

1.  the  cases  which  refer  to  spiritual  matters,  or  to  tem- 
poral matters  annexed  to  spiritual; 

2.  the  violation  of  ecclesiastical  laws  and  all  matters  in 
which  sin  may  be  committed,  in  as  far  as  the  definition  of  guilt 
and  the  infliction  of  ecclesiastical  punishment  for  the  sins  is 
concerned ; 

3.  all  cases  of  persons  who  enjoy  the  privilege  of  the  eccle- 
siastical forum,  in  accordance  with  Canons  120,  614  and  680. 

In  those  cases  in  which  the  civil  authority  is  competent  as 
well  as  the  Church,  and  which  are  called  matters  of  mixed  forum, 
there  holds  the  right  of  prevention,  which  means  that  whoever 
first  calls  the  case  to  its  tribunal,  has  the  right  to  judge  the  case. 
(Canon  1553.) 

1348.  The  person  who  takes  a  case  of  the  mixed  forum 
to  the  secular  court  after  it  had  been  started  by  the  ecclesiastical 
judge,  can  be  punished,  not  however  with  censures,  and  he  is 
deprived  of  the  right  to  act  in  the  ecclesiastical  forum  against 
the  same  person  in  the  same  or  a  connected  matter.      (Canon 
1554.) 

1349.  The  tribunal  of  the  Congregation  of  the  Holy  Office 
proceeds  according  to  its  own  manner  and  arrangement  and  re- 
tains its  own  proper  custom ;  and  also  the  inferior  tribunals  must 

315 


316  THE  NEW  CANON  LAW 

follow  the  rules  given  by  the  Holy  Office  in  cases  which  belong 
to  that  Congregation. 

The  other  tribunals  must  observe  the  laws  of  the  following 
Canons. 

In  the  trial  for  the  dismissal  of  religious  the  laws  of  Canons 
654-668  are  to  be  followed.  (Canon  1555.) 

SECTION  I. 

Trials  in  General. 

1350.  Canons  1556-1924  treat  of  the  details  of  economical 
trials  of  all  kinds,  and  before  various  tribunals  of  the  Church. 

SECTION  II. 

Special  Rules  to  Be  Observed  in  Certain  Specified  Trials. 

TITLE  XVIII. 

Manner  of  Avoiding  Canonical  Trial. 

CHAPTER  I. 
Transaction. 

1351.  As  it  is  very  desirable  that  canonical  trials  between 
the  faithful  be  avoided,  the  judge  shall  exhort  the  parties  who 
apply  to  him  for  settlement  by  process  of  law  of  a  controversy 
over  some  private  affair,  to  come  to  an  agreement,  if  there  is 
some  hope  that  they  may  come  to  an  understanding. 

The  judge  can  issue  this  invitation  either  before  the  parties 
are  called  to  court,  or  when  they  appear  in  court  for  the  first 
time,  or,  finally,  at  any  stage  of  the  trial  where  he  thinks  the 
invitation  to  be  more  efficacious  and  opportune. 

It  is  as  a  rule  more  appropriate  for  the  dignity  of  the  judge 
not  in  person  to  invite  the  parties  to  amicable  settlement,  but 
rather  to  commit  this  to  some  priest,  especially  to  one  of  the 
synodal  judges.  (Canon  1925.) 

1352.  In  this  transaction,  or  friendly  settlement,  the  rules 
of  the  civil  law  of  the  place  where  the  transaction  takes  place, 
should  be  observed,  except  in  cases  where  the  civil  law  is  con- 
trary either  to  the  Divine  or  the  ecclesiastical  law,  and  the  fol- 
lowing Canons  shall  also  be  observed.     (Canon  1926.) 


COMPROMISE  BY  ARBITRATION  317 

1353.  The  transaction  cannot  validly  be  made  either  in 
criminal  or  contentious  cases  in  which  there  is  question  of  dis- 
solving the  marriage  bond,  or  question  of  matters  pertaining  to 
benefices  if  the  very  title  to  the  benefice  is  the  subject  of  the 
dispute,  or  of  spiritual  matters,  if  payment  with  temporal  goods 
intervened,  unless  the  legitimate  authority  gives  permission  for 
settlement. 

If  the  dispute  concerns  temporal  goods  of  the  Church,  or 
goods  which  though  annexed  to  spiritual  objects  can  nevertheless 
be  considered  apart  from  their  spiritual  aspect,  transaction  can 
take  place,  provided  the  formalities  prescribed  by  law  for  the 
alienation  of  ecclesiastical  goods  are  observed  where  the  subject 
matter  necessitates  this.  (Canon  1927.) 

1354.  The  effect  of  a  transaction  which  has  been  success- 
fully brought  to  conclusion  is  called  compositio,  adjustment;  or 
concordia,  agreement. 

The  expenditures  entailed  in  the  transaction  shall  be  equally 
divided  between  the  parties,  unless  the  contrary  has  been  ex- 
plicitly decreed.  (Canon  1928.) 

CHAPTER  II. 
Compromise  by  Arbitration. 

1355.  In  order  to  avoid  judicial  trials,  the  parties  may  also 
enter  into  an  agreement  by  which  the  controversy  is  committed 
to  the  judgment  of  one  or  several  men,  who  shall  adjust  the 
question  either  according  to  the  rules  of  law,  or  discuss  and  settle 
it  without  the  formalities  of  law  according  to  the  rules  of  equity; 
in  the  first  case  they  are  called  arbitri,  in  the  other  arbitrators. 
(Canon  1929.) 

1356.  The  rules  of  Canons  1926  and  1927  must  be  applied 
also  to  the  compromise  of  arbitration.     (Canon  1930.) 

1357.  In  ecclesiastical  cases  laymen  and  those  who  are 
under  excommunication  or  infamy  of  law,  after  a  condemnatory 
or  declaratory  sentence,  cannot  validly  exercise  the  office  of  arbi- 
ters.    Religious  shall  not  accept  the  office  of  arbiters  without 
permission  of  their  superior.     (Canon  1931.) 

1358.  If  the  parties  do  not  wish  to  consent  either  to  the 
transaction,  nor  to  settlement  by  arbitri  or  arbitratores,  the  con- 
troversy must  be  decided  by  a  formal  trial  outlined  in  the  first 
section  of  the  fourth  book  of  the  Code.     (Canon  1932.) 


318  THE  NEW  CANON  LAW. 

TITLE  XIX. 

Criminal  Trials. 

1359.  Offences  which  fall  under  criminal  procedure  are  the 
public  offences. 

The  offences  which  are  to  be  punished  by  penal  sanctions, 
contained  in  Canons  2168-2194,  are  excepted  from  the  proce- 
dure of  criminal  trials. 

In  offences  of  the  mixed  forum  the  Ordinaries  should  not, 
as  a  rule,  proceed  against  the  offender  if  he  is  a  lay  person  and 
public  justice  has  been  sufficiently  satisfied  by  punishment  in- 
flicted by  the  civil  authority. 

Penances,  penal  remedies,  excommunication,  suspension,  in- 
terdict, can  be  inflicted  also  outside  the  ecclesiastical  court  by  the 
way  of  precept,  provided  the  offence  is  certain.  (Canon  1933.) 

CHAPTER  I. 
Accusation  and  Denunciation. 

1360.  The  action  of  accusation  of  an  offender  is  exclu- 
sively reserved  to  the  promoter  of  justice.     (Canon  1934.) 

1361.  Any  of  the  faithful  have  at  all  times  the  right  to 
denounce  the  offence  of  another  for  the  purpose  of  asking  for 
satisfaction,  or  for  reparation  of  damages,  or  also  for  the  sake 
of  justice  and  the  reparation  of  scandal  and  sin. 

The  obligation  of  denunciation  becomes  imperative  if  one 
is  obliged  to  it  by  law  or  by  special  legitimate  precept,  or  by  the 
very  law  of  nature  on  account  of  danger  to  faith  and  morals  or 
on  account  of  any  other  public  evil.  (Canon  1935.) 

1362.  The   denunciation   must   be   made   in   writing  and 
signed  by  the  denouncing  party,  or  orally,  before  the  Ordinary 
of  the  diocese,  or  the  Chancellor  of  the  Curia,  the  dean,  the  pas- 
tor, but  if  made  orally,  it  shall  be  put  in  writing  and  immediately 
forwarded  to  the  Ordinary.     (Canon  1936.) 

1363.  The  person  who  denounces  an  offence  must  aid  the 
promotor  of  justice  in  the  obtaining  of  proofs  of  the  offence. 
(Canon  1937.) 

1364.  In  cases  of  injuries  and  defamation  the  criminal 
trial  cannot  be  instituted  against  the  offender  unless  denunciation 
or  complaint  has  first  been  made  by  the  injured  party. 


INQUISITION  319 

If,  however,  there  is  question  of  grave  injury  or  defama- 
tion committed  against  a  cleric  or  religious,  especially  one  in 
dignity,  or  by  a  cleric  or  religious  against  another,  criminal 
action  can  be  instituted  also  ex  officio,  without  denunciation  or 
complaint.  (Canon  1938.) 

CHAPTER  II. 

Inquisition. 

1365.  If  the  offence  is  neither  notorious  nor  altogether 
certain,  but  has  become  known  from  rumor  and  public  talk,  or 
by  denunciation,  or  by  complaint  of  damages,  or  by  a  general 
investigation  made  by  the  Ordinary,  or  for  any  other  reason,  a 
special  investigation,  called  in  law  inquisition,  must  be  made  be- 
fore summoning  the  supposed  offender  to  court,   in  order  to 
ascertain  whether  and  what  reason  there  is  in  the  imputation. 

This  rule  must  be  observed  whether  there  is  question  of  in- 
flicting a  punitive  penalty  or  a  censure,  or  of  issuing  a  decla- 
ration of  a  penalty  or  censure  into  which  one  had  fallen.  (Can- 
on 1939.) 

1366.  Though  the  inquisition  or  investigation  may  be  made 
by  the  Ordinary  himself,  it  should  by  general  rule  be  committed 
to  one  of  the  synodal  judges,  unless  the  same  Ordinary  wishes 
for  a  special  reason  to  commit  it  to  some  one  else.    ( Canon  1940. ) 

1367.  The  inquisitor  shall  not  be  delegated  for  all  cases 
universally  but  for  one  case  only  at  a  time. 

The  inquisitor  is  held  to  the  same  obligations  as  the  ordinary 
judges,  and  first  of  all  he  must  take  the  oath  to  observe  secrecy 
and  to  fulfil  his  office  faithfully  and  to  abstain  from  acceptation 
of  presents,  according  to  Canons  1621-1624.  These  Canons  de- 
mand that  all  officers  taking  part  in  a  canonical  trial  must  take 
the  oath  tendered  either  by  the  bishop  or  the  judge  who  ap- 
pointed them  to  act  in  the  case.  Furthermore,  these  Canons 
insist  on  the  obligation  of  secrecy  for  all  those  concerned  in  the 
case,  and  on  the  prohibition  of  accepting  presents  on  occasion 
of  any  acts  connected  with  the  trial. 

The  inquisitor  cannot  act  as  judge  in  the  same  case.  (Canon 
1941.) 

1368      It  is  left  to  the  good  judgment  of  the  Ordinary  to 


320  THE  NEW  CANON  LAW 

decide  when  there  are   sufficient   reasons   to   institute   the   in- 
vestigation. 

No  consideration  is  to  be  given  to  denunciations  which  come 
from  a  pronounced  enemy,  or  a  vile  and  unworthy  person,  or 
by  an  anonymous  letter  that  is  void  of  such  adjuncts  and  ele- 
ments as  would  tend  to  make  the  accusation  somewhat  probable. 
(Canon  1942.) 

1369.  The  investigation  must  always  be  conducted  secretly 
and  handled  with  the  utmost  care,  in  order  that  the  rumor  of  the 
offence  may  not  spread  and  that  no  one's  good  reputation  may 
be  endangered.     (Canon  1943.) 

1370.  For  obtaining  the  purpose  of  the  investigation  the 
inquisitor  may  call  some  persons  whom  he  believes  to   have 
knowledge  of  the  affair,  and  ask  them  under  oath  of  telling  the 
truth  and  of  keeping  the  matter  secret. 

In  the  examination  of  these  persons  the  rules  for  the  exami- 
nation of  witnesses,  as  given  in  Canons  1770-1781,  should  be 
followed  by  the  inquisitor  as  far  as  possible,  and  in  so  far  as  the 
nature  of  the  inquisition  permits.  (Canon  1944.) 

1371.  The  inquisitor  before  closing  the  inquisition  may 
seek  the  advice  of  the  promoter  of  justice  whenever  he  meets 
with  some  difficulty,  and  communicate  to  him  the  acts  of  the  in- 
quisition.    (Canon  1945.) 

1372.  When  the  inquisition  is  brought  to  a  close  the  in- 
quisitor shall  refer  to  the  Ordinary  all  results,  together  with  his 
own  opinion  in  the  case. 

The  Ordinary,  or  by  his  special  mandate  the  appointed  judge 
of  the  Curia,  called  the  officialis,  shall  (1)  give  orders  to  make 
a  statement  of  the  fact  which  is  to  be  kept  in  the  secret  archives 
of  the  Curia,  if  the  investigation  proved  that  the  denunciation 
was  lacking  solid  foundation;  (2)  if  there  are  indications  of  the 
offence,  but  insufficient  to  bring  accusatory  action  against  the 
person,  the  acts  shall  be  kept  in  the  secret  archives  and  the  sus- 
pected individual  shall  be  watched  in  the  meantime.  It  is  left  to 
the  good  judgment  of  the  bishop  to  ask  the  suspect  concerning 
the  affair  and  to  admonish  him,  if  the  suspicion  is  based  on  grave 
reasons;  (3)  finally,  if  there  are  certain  or  at  least  probable  and 
sufficient  reasons  at  hand  to  institute  the  accusation,  the  guilty 
party  shall  be  summoned  to  appear,  and  further  proceedings  shall 
be  instituted  according  to  the  following  Canons.  (Canon  1946.) 


REPRIMAND  OF  THE  DELINQUENT  321 

CHAPTER  III. 
Reprimand  of  the  Delinquent. 

1373.  If  the  guilty  person  confesses  the  fault,  the  Ordinary 
shall  employ  the  judicial  reprimand,  if  it  can  take  place,  instead 
of  the  criminal  trial.     (Canon  1947.) 

1374.  The  judicial  reprimand  cannot  be  employed,  (1)  in 
offences  to  which  is  attached  the  excommunication  reserved  to 
the  Holy  See  specialissimo  or  speciali  modo,  or  the  privation  of 
the  benefice,  the  penalty  of  infamy,  deposition  or  degradation; 

(2)  when  there  is  question  of  issuing  a  declaratory  sentence  of 
a  punitive  penalty  or  of  a  censure  into  which  one  has  fallen; 

(3)  when  the  Ordinary  believes  that  the  reprimand  would  not 
suffice   for  the  reparation  of   scandal  and  the  satisfaction  of 
justice.     (Canon  1948.) 

1375.  The  reprimand  may  be  employed  once  or  twice,  not, 
however,  a  third  time  against  the  same  offender. 

Wherefore,  if  after  the  second  reprimand  the  offender  com- 
mits again  the  same  crime,  the  criminal  procedure  must  be  started, 
or  continued,  if  previously  begun,  according  to  Canon  1954  and 
the  following.  (Canon  1949.) 

1376.  Within  the  limits  of  Canons  1947  and  1948,  the  Or- 
dinary may  make  use  of  the  reprimand  not  only  before  the  formal 
trial  has  commenced,  but  also  after  its  commencement  in  the 
course  of  the  trial,  up  to  the  conclusion  of  the  case;  in  that  case 
the  trial  is  suspended,  unless  it  has  to  be  continued  because  the 
reprimand  produced  no  result.     (Canon  1950.) 

1377.  The  reprimand  may  also  be  employed  when  com- 
plaint is  made  for  damages  caused  by  the  offence. 

In  that  case  the  Ordinary  may  with  the  consent  of  the  par- 
ties examine  into  and  decide  the  question  of  damage  by  the  rules 
of  equity. 

If  the  Ordinary,  however,  judges  that  the  question  of 
damage  cannot  easily  be  decided  by  the  rules  of  equity,  he  may 
issue  the  reprimand  for  the  purpose  of  repairing  the  scandal  and 
bringing  about  the  amendment  of  the  offender,  and  order  the 
question  of  damage  to  be  settled  by  ordinary  process  of  the  ca- 
nonical trial.  (Canon  1951.) 

1378.  The  judicial  reprimand  must,  besides  salutary  ad- 
monitions, contain,  as  a  rule,  certain  opportune  remedies,  or  pre- 


322  THE  NEW  CANON  LAW 

scription  of  penances  or  of  pious  deeds,  such  as  are  apt  to  pub- 
licly repair  the  violation  of  justice,  or  the  scandal. 

The  salutary  remedies,  penances,  pious  works,  to  be  imposed 
on  the  offender  should  be  milder  and  easier  than  those  which 
could  or  should  have  been  inflicted  on  him  by  the  sentence  of 
condemnation  in  the  criminal  trial.  (Canon  1952.) 

1379.  The  reprimand  is  considered  to  have  been  employed 
uselessly  if  the  offender  does  not  accept,  or  accepts  but  does  not 
comply  with  the  remedies,  penances  and  pious  works,  imposed  on 
him.    (Canon  1953.) 

CHAPTER  IV. 

Construction  of  the  Criminal  Trial  and  Summons  of  the 

Offender. 

1380.  If  the  judicial  reprimand  is  either  insufficient  for 
the  reparation  of  scandal  and  the  restoration  of  justice,  or  cannot 
be  employed  because  the  offender  denies  the  offence,  or  has  been 
applied  uselessly,  the  bishop,  or  the  official  judge  by  special  man- 
date of  the  bishop,  shall  command  the  acts  of  the  inquisition  to 
be  given  to  the  promotor  of  justice.     (Canon  1954.) 

1381.  The  promotor  of  justice  shall  at  once  draw  up  the 
indictment  and  present  the  same  to  the  judge,  according  to  the 
laws  of  canonical  procedure  laid  down  in  the  first  section  of  the 
fourth  book  of  the  Code.     (Canon  1955.) 

1382.  In  more  serious  offences,  where  the  Ordinary  judges 
that  the  accused  party  would  scandalize  the  faithful  by  the  exer- 
cise of  the  sacred  ministry,  or  some  spiritual  or  religious  ecclesi- 
astical office,  or  by  publicly  receiving  holy  Communion,  he  may 
after   consultation  with  the   promotor   of   justice   prohibit  the 
accused  party  from  the  exercise  of  the  sacred  ministry,  or  those 
offices,  or  the  public  reception  of  holy  Communion,  as  is  per- 
mitted under  these  circumstances  by  Canon  2222,  §2.     (Canon 
1956.) 

1383.  Likewise,  if  the  judge  fears  that  the  accused  party 
may  intimidate  the  witnesses  or  bribe  them,  or  impede  the  course 
of  justice  in  any  other  way,  he  may,  after  consultation  with  the 
promotor  of  justice,  command  by  decree  that  the  offender  leave 
the  town  or  parish,  or  retire  to  a  specified  place  and  remain  there 
under  special  surveillance.     (Canon  1957.) 


MATRIMONIAL  CASES  323 

1384.  The  decrees  spoken  of  in  Canons  1956  and  1957 
cannot  be  issued  until  after  the  accused  party  has  been  summoned 
and  has  appeared  in  court,  or  has  become  contumacious;  they 
may  be  issued  not  only  after  his  first  appearance  in  court  in 
answer  to  the  summons,  but  also  later  on  in  the  course  of  the 
trial;  against  these  decrees  the  law  does  not  allow  the  accused 
party  to  raise  objection.     (Canon  1958.) 

1385.  For  the  rest  of  the  procedure  in  criminal  cases  the 
general  laws  on  canonical  procedure,  contained  in  the  first  sec- 
tion of  the  fourth  book  of  the  Code,  are  to  be  followed ;  in  the 
inflicting  of  penalties  the  laws  of  the  fifth  book  of  the  Code  are 
to  be  adhered  to.     (Canon  1959.) 

TITLE  XX. 
Matrimonial  Cases. 

CHAPTER  I. 

Competent  Forum. 

1386.  Matrimonial  cases  between  baptized  people  belong 
by  proper  and  exclusive  right  to  the  ecclesiastical  judge.     (Canon 
1960.) 

1387.  Cases  concerning  only  civil  sequences  of  marriage 
belong  to  the  civil  magistrates,  as  stated  in  Canon  1016,  if  they 
constitute  the  principal  action  in  the  case;  if,  however,  civil  con- 
sequences are  incidental  or  accessory  questions  in  the  case,  they 
may  be  examined  and  decided  also  by  the  ecclesiastical  judge  by 
his  own  authority.     (Canon  1962.) 

1388.  Matrimonial  cases  of  kings,  etc.,  mentioned  in  Canon 
1557,  §  1,  n.  1,  shall  be  judged  exclusively  by  the  S.  Congrega- 
tion, or  the  tribunal,  or  special  committee,  which  the  Supreme 
Pontiff  shall  in  each  individual  case  delegate.    The  cases  of  dis- 
pensation of  the  matrimonium  ratum  et  non  consummatum  are 
reserved  to  the  S.  Congregation  of  the  Sacraments;  the  cases 
which  have  reference  to  the  privilegium  Paulinum  are  reserved 
to  the  S.  Congregation  of  the  Holy  Office.     (Canon  1963.) 

1389.  Wherefore  no  inferior  judge  can  institute  the  canon- 
ical trial  in  cases  of  dispensation  of  the  matrimonium  ratum  un- 
less the  Holy  See  has  first  granted  faculty. 


324  THE  NEW  CANON  LAW 

If,  however,  a  competent  judge  has  by  his  own  authority 
instituted  trial  for  nullity  of  marriage  for  reason  of  impotence 
and  it  should  happen  that,  while  impotence  could  not  be  proved, 
there  appeared  proof  of  matrimonium  non  consummation,  all 
the  acts  of  the  case  shall  be  forwarded  to  the  S.  Congregation  of 
the  Sacraments,  which  may  use  the  proofs  for  issuing  sentence 
on  the  matrimonium  ratum  et  non  consummatum.  (Canon 
1963.) 

1390.  In  all  other  matrimonial  cases  that  judge  is  compe- 
tent who  is  the  lawful  judge  in  the  place  or  diocese  in  which  the 
marriage  was  contracted,  or  in  which  the  party  brought  to  court 
has  a  domicile  or  quasi-domicile ;  if  one  of  the  married  parties 
is  a  non-Catholic,  the  domicile  or  quasi-domicile  of  the  Catholic 
party  is  to  be  considered.     (Canon  1964.) 

1391.  If  the  court  is  asked  to  declare  marriage  invalid  for 
want  of  consent,  the  judge  should  first  of  all  try  by  opportune 
admonitions  to  induce  the  party,  whose  consent  is  said  to  have 
been  deficient,  to  renew  the  consent.     If  the  essential  form  of 
the  contract  was  wanting,  or  marriage  was  made  invalid  by  a 
diriment  impediment  of  a  kind  from  which  the  Church  can  and 
usually  does  dispense,  the  judge  shall  endeavor  to  induce  the 
parties  to  renew  the  consent  in  the  legal  form,  or  to  ask  for  a 
dispensation.     (Canon  1965.) 

CHAPTER  II. 
Constitution  of  the  Tribunal. 

1392.  By  law  of  Canon  1576,  §  1,  n.  1,  all  marriage  cases 
in  which  there  is  question  of  the  marriage  bond  itself  must  be 
decided  by  a  board  of  three  judges;  in  the  inquisition  for  a  dis- 
pensation of  a  matrimonium  ratum  et  non  consummatum  there 
is  but  one  judge  to  institute  the  procedure.     (Canon  1966.) 

1393.  The  defensor  vinculi  matrimonialis  must  be  sum- 
moned in  cases  of  nullity  of  marriage  as  well  as  in  the  proceed- 
ings for  collecting  proof  of  the  non-consummation  of  marriage, 
and  of  reasons  for  the  dispensation.      (Canon  1967.) 

1394.  It  is  the  duty  of  the  defensor  vinculi: 

1.  to  be  present  at  the  examination  of  the  parties,  the  wit- 
nesses and  the  experts ;  to  present  to  the  judge  a  list  of  questions 
in  closed  and  sealed  enveloppe,  to  be  opened  by  the  judge  and  pro- 


CONSTITUTION  OF  THE  TRIBUNAL  325 

posed  to  the  parties  or  to  the  witnesses  in  the  very  act  of  the 
examination;  to  suggest  to  the  judge  new  questions  arising  from 
the  examination; 

2.  to  examine  the  points  proposed  by  the  parties  and  to 
contradict  them  so  far  as  may  be  necessary;  to  examine  the 
documents  exhibited  by  the  parties; 

3.  to  write  and  allege  arguments  against  the  nullity  of 
marriage  and  in  favor  of  its  validity  or  its  consummation;  to 
bring  out  all  proofs  that  he  thinks  useful  for  maintaining  the 
validity  of  the  marriage  in  question.     (Canon  1968.) 

1395.  The  defensor  vinculi  has  the  right: 

1.  Always  and  at  any  stage  of  the  trial  to  inspect  the 
acts  of  the  case,  even  those  not  yet  made  public ;  to  demand  more 
time  for  drawing  up  his  written  defence,  the  time  to  be  allotted 
according  to  the  good  judgment  of  the  judge ; 

2.  to  be  informed  of  all  proofs  and  allegations  in  such 
manner  that  he  may  use  the  right  to  contradict ; 

3.  to  ask  that  other  witnesses  be  introduced  or  that  the 
same  be  examined  over  again,  even  after  the  trial  has  been 
finished  or  published,  and  to  make  other  observations: 

4.  to  demand  that  other  acts  which  he  suggests  be  drawn 
up,  unless  the  court  objects  by  unanimous  vote,     (Canon  1969.) 

CHAPTER  III. 

Right  to  Accuse  a  Marriage  and  to  Ask  the  Dispensation 
from  the  Matrirnonium  Ratum. 

1396.  The  board  of  judges  cannot  take  cognizance  of,  nor 
decide,  any  marriage  case,  unless  the  regular  accusation  or  legally 
made  petition  has  preceded.     (Canon  1970.) 

1397.  The  following  persons  are  capable  of  making  accu- 
sation against  a  marriage : 

1.  the  married  parties  in  all  cases  of  separation  and  nullity, 
unless  they  themselves  were  the  cause  of  the  impediment; 

2.  the  promotor  of  justice  in  impediments  which  are  of 
their  nature  public. 

All  others,  though  blood  relations,  have  no  right  to  accuse 
the  marriage  but  only  to  denounce  its  invalidity  to  the  Ordinary 
or  the  promotor  of  justice.  (Canon  1971.) 

1398.  The  marriage  which  was  not  accused  during  the  life 
time  of  both  parties  cannot  be  accused  after  the  death  of  either 


326  THE  NEW  CANON  LAW 

party,  or  of  both,  but  is  presumed  valid  in  law  in  such  manner 
that  against  this  presumption  no  proof  is  admitted,  except  where 
the  question  arises  incidentally.  (Canon  1972.) 

1399.  The  married  parties  alone  have  the  right  to  ask  for 
a  dispensation  of  a  matrimonium  ratuni  et  non  consummatum. 
(Canon  1973.) 

CHAPTER  IV. 

Proofs. 

Article  I.    Witnesses. 

1400.  Relations  by  blood  or  marriage  who  by  Law  of 
Canon  1757,  §  3,  n.  3,  in  any  degree  in  the  direct,  and  in  the  first 
degree  of  the  collateral,  line,  are  excluded  as  witnesses  in  other 
cases,  may  act  as  witnesses  in  marriage  cases  of  their  relations. 
(Canon  1974.) 

1401.  In  cases  of  impotence  or  non-consummation  of  mar- 
riage, unless  the  impotence  or  non-consummation  is  known  with 
certainty  from  other  sources,  each  of  the  married  couple  must 
produce  witnesses,  who  are  called  septimae  manus,  from  relations 
of  blood  or  by  marriage,  or  if  such  cannot  be  had,  neighbors  of 
good  reputation,  or  otherwise  well  informed  persons,  who  can 
swear  to  the  probity  of  the  married  couple  and  especially  as  to 
their  veracity  concerning  the  matter  of  the  controversy;  the 
judge  may  also  introduce  other  witnesses  ex  officio,  and  this  he 
may,  according  to  Canon  1759,  §  3,  do  in  all  cases  that  concern 
the  public  welfare. 

The  testimony  of  the  septimae  manus  is  an  argument  of 
credibility  which  adds  force  to  the  depositions  of  the  married 
couple;  it  has  not,  however,  the  force  of  full  proof,  unless  it  is 
supported  by  other  evidence  and  arguments.  (Canon  1975.) 

Article  II.    Bodily  Inspection. 

1402.  In  the  cases  of  impotence  and  non-consummation  of 
marriage  bodily  inspection  of  both,  or  of  one,  of  the  married 
parties  must  be  made  by  experts,  unless  this  appears  evidently 
useless  on  account  of  circumstances.     (Canon  1976.) 

1403.  The  experts  are  to  be  chosen  by  the  judge  after  con- 
sultation with  the  defensor  vinculi,  and,  besides  the  general  regu- 
lations of  Canons  1792-1805  concerning  experts,  the  following 
Canons  shall  be  observed.     (Canon  1977.) 


END  OF  TRIAL  AND  SENTENCE  327 

1404.  Those  who  have  privately  inspected  the  married 
couple  concerning  the  fact  on  which  the  petition  for  declaration 
of  nullity  or  non-consummation  is  based,  shall  not  be  admitted 
to  the  office  of  experts;  they  may,  however,  be  introduced  as 
witnesses.     (Canon  1978.) 

1405.  For  the  inspection  of  the  man  two  skilled  physicians 
shall  be  appointed  ex  officio,  that  is  to  say,  by  the  judge  and  not 
by  choice  of  the  parties. 

For  the  inspection  of  the  woman  two  mid  wives  who  have  a 
legal  certificate  to  practice  obstetrics  shall  be  named  ex  officio,  un- 
less the  woman  should  prefer  two  physicians  for  the  inspection, 
or  the  Ordinary  should  think  their  testimony  to  be  necessary ;  the 
doctors  are  likewise  to  be  appointed  ex  officio. 

The  bodily  inspection  of  the  woman  must  be  done  with  the 
entire  observance  of  Christian  modesty  and  in"  the  presence  al- 
ways of  an  honorable  matron  to  be  designated  ex  officio.  (Canon 
1979.) 

1406.  The  inspection  of  the  woman  by  the  mid  wives  or 
experts  must  be  done  by  each  of  them  separately. 

Each  of  the  physicians  or  midwives  shall  make  a  separate 
report  within  a  space  of  time  fixed  by  the  judge. 

The  judge  may  subject  the  report  of  the  midwives  to  the 
examination  of  an  expert  physician,  if  he  should  think  this  ad- 
visable. (Canon  1980.) 

1407.  After  the  report  has  been  handed  to  the  judge,  the 
experts,  midwives  and  matron,  shall  be  separately  questioned  by 
the  judge  according  to  points  prepared  previously  by  the  dejensor 
vinculi  to  which  they  shall  answer  under  oath.     (Canon  1981.) 

1408.  Also  in  cases  of  want  of  consent  for  reason  of  in- 
sanity the  judgment  of  experts  is  required  who  shall,  if  necessary, 
examine  with  scientific  precision  the  sick  person  and  those  of  his 
actions  which  give  reason  to  suspect  insanity;  moreover,  experts 
who  have  visited  the  sick  person  before  the  case  came  to  court 
shall  be  heard  as  witnesses.    (Canon  1982.) 

CHAPTER  V. 

Publication  of  the  Trial,  Conclusion  of  the  Case,  and 

Sentence. 

1409.  After  the  publication  of  the  trial  the  parties  may, 
with  the  permission  of  the  judge,  introduce  new  witnesses  to  tes- 
tify on  the  various  articles  of  the  case. 


328  THE  NEW  CANON  LAW 

If,  however,  the  same  witnesses  who  have  been  questioned 
on  the  same  points  before,  are  again  to  be  examined  on  those 
points  it  may  be  done  only  before  the  former  testimony  of  wit- 
nesses has  been  made  public,  and  provided  there  has  been  no  un- 
derhand agreement  or  bribe;  the  defensor  vinculi  has  the  right 
to  oppose  with  timely  exceptions.  (Canon  1983.) 

1410.  The  defensor  vinculi  has  the  right  to  demand  that 
he  have  the  last  word  in  arguing,  petitioning  and  answering,  in 
writing  as  well  as  in  the  oral  defence. 

Wherefore  the  tribunal  shall  not  proceed  to  a  definite  sen- 
tence before  having  asked  the  defensor  vinculi  and  received  the 
answer  that  he  has  nothing  more  to  say  or  to  inquire  concerning 
the  case. 

If,  however,  the  defensor  vinculi  does  not  make  any  further 
statement  before  the  date  set  for  the  final  sentence,  it  is  presumed 
that  he  has  nothing  more  to  add  to  the  defence  of  the  case. 
(Canon  1984.) 

1411.  In  cases  which  refer  to  the  dispensation  from  the 
matrimonium  ratum  et  non  consummatum,  the  judge  who  draws 
up  the  case  shall  neither  publish  the  acts  of  the  case,  nor  proceed 
to  a  sentence  on  the  non-consummation  of  the  marriage  and  the 
reasons  for  a  dispensation,  but  shall  forward  all  the  acts  of  the 
case  together  with  the  opinion  of  the  bishop  and  of  the  defensor 
vinculi  to  the  Holy  See.    (Canon  1985.) 

CHAPTER  VI. 
Appeals. 

1412.  The  defensor  vinculi  must  within  the  time  fixed  by 
law  appeal  to  a  higher  tribunal  from  the  first  sentence  which  de- 
clared a  marriage  null  and  void;  if  he  neglects  to  fulfil  this  office, 
he  shall  be  forced  to  do  so  by  the  authority  of  the  judge.    (Canon 
1986.) 

1413.  After  the  second  sentence  has  confirmed  the  nullity 
of  the  marriage  the  parties  are  free  to  marry  again  after  ten  days 
from  the  publication  of  the  second  sentence,  provided  the  defen- 
sor vinculi  of  the  court  of  appeal  has  not  within  that  time  ap- 
pealed the  case  to  a  third  tribunal.     (Canon  1987.) 

1414.  After  the  marriage  has  been  annulled,  the  Ordinary 
shall  see  to  it  that  mention  of  the  annulment  is  made  in  the  mai> 


CASES   EXCEPTED   FROM  TRIAL  329 

riage  and  baptismal  records  where  the  marriage  had  been  entered. 
(Canon  1988.) 

1415.  As  the  sentence  in  matrimonial  cases  never  becomes 
a  res  judicata,  the  cases  can  be  opened  again  if  new  arguments 
come  to  light,   which  arguments  must,  however,  be  of   great 
weight,  according  to  Canon  1903.    A  res  judicata  is  an  absolutely 
final  settlement  of  a  case  so  that  no  appeal  is  accepted  against  it, 
and  such  a  case  can  be  opened  only  by  obtaining  the  restitutio  in 
integrum  which  cannot  be  granted  unless  the  injustice  of  the  sen- 
tence has  become  evident  by  revelation  of  facts  unknown  before. 
(Canon  1989.) 

CHAPTER  VII. 

Cases  Excepted  from  the  Foregoing  Rules 

1416.  When  it  is  known  from  sure  and  authentic  docu- 
ment, which  cannot  be  contradicted  or  objected  to,  that  a  mar- 
riage was  made  invalid  by  the  impediments  of  disparity  of  cult, 
sacred  orders,  solemn  vow  of  chastity,  marriage  bond  (ligameri), 
consanguinity,  affinity  and  spiritual  relationship,  and  it  is  like- 
wise absolutely  certain  that  no  dispensation  from  these  impedi- 
ments was  obtained,  in  these  cases  the  formalities  mentioned  thus 
far  may  be  omitted  and  the  Ordinary  can  declare  the  nullity  of 
marriage  after  having  summoned  the  parties  and  having  given 
the   defensor   vinculi   opportunity   to   examine   into   the   case. 
(Canon  1990.) 

1417.  Against  the  declaration  of  nullity  the  defensor  vin- 
culi may  appeal  to  the  higher  court  if  for  good  reasons  he  believes 
that  the  impediments  given  in  the  preceding  Canon  are  not  cer- 
tain, or  that  probably  dispensation  from  them  was  obtained  be- 
fore marriage.    If  he  appeals,  the  acts  of  the  case  are  to  be  sent 
to  the  higher  court,  which  should  be  reminded  of  the  fact  that  this 
is  a  case  excepted  from  the  ordinary  rules  of  canonical  trial. 
(Canon  1991.) 

1418.  The  judge  of  the  second  instance  shall,  with  the  co- 
operation of  the  defensor  vinculi,  examine  whether  the  first  sen- 
tence should  be  confirmed,  or  whether  the  case  should  be  decided 
in  the  regular  form  of  canonical  procedure;  if  his  decision  is  in 
favor  of  a  regular  trial  he  shall  return  the  case  for  trial  to  the 
judge  of  the  first  instance.     (Canon  1992.) 


330  THE  NEW  CANON  LAW 

TITLE  XXI. 

Cases  Against  Sacred  Ordination. 

1419.  Cases  in  which  the  obligations  arising  from  sacred 
orders,  or  the  validity  itself  of  the  sacred  ordination,  are  at- 
tacked, the  petition  must  be  sent  to  the  S.  Congregation  of  the 
Sacraments,  or  if  the  ordination  is  attacked  on  account  of  a  sub- 
stantial defect  of  the  sacred  rite,  to  the  S.  Congregation  of  the 
Holy  Office;  the  S.  Congregation  must  decide  whether  the  case  is 
to  be  settled  by  judicial  procedure  in  court,  or  in  the  disciplinary 
way. 

If  the  case  is  to  be  settled  by  legal  procedure  the  S.  Congre- 
gation remands  the  case  to  the  tribunal  of  the  diocese  which  was 
the  proper  diocese  of  the  cleric  at  the  time  of  the  ordination,  or,  if 
the  ordination  is  attacked  on  account  of  a  substantial  defect  in 
the  sacred  rite,  to  the  tribunal  of  the  diocese  in  which  the  ordina- 
tion took  place ;  in  case  of  appeal  from  the  first  sentence,  the  gen- 
eral rules  for  the  court  of  the  second  instance  shall  be  observed. 
Canon  1594,  treating  of  the  court  of  second  instance,  rules: 
( 1 )  From  the  tribunal  of  a  suffragan  bishop  appeal  is  to  be  made 
to  the  archbishop;  (2)  from  cases  judged  in. the  first  instance 
by  an  archiepiscopal  court  appeal  is  to  be  made  to  a  bishop  of  an- 
other diocese  which  the  archbishop  may  once  and  for  all  choose 
with  the  approval  of  the  Holy  See;  (3)  from  cases  judged  in  the 
first  instance  by  an  archbishop  who  has  no  suffragans,  or  a  bishop 
who  is  under  the  immediate  jurisdiction  of  the  Holy  See,  appeal 
is  to  be  made  to  the  archbishop  chosen  in  the  manner  prescribed 
by  Canon  285;  (4)  in  exempt  Religious  Orders  or  congregations 
the  superior  general  constitutes  the  court  of  the  second  instance 
for  cases  judged  by  the  provincial ;  in  cases  judged  by  the  abbot 
of  a  monastery,  appeal  may  be  made  to  the  supreme  head  of  the 
monastic  Congregation  to  which  the  abbey  belongs. 

If  the  case  is  to  be  decided  in  the  disciplinary  form,  the  S. 
Congregation  itself  settles  the  question,  after  a  previous  informa- 
tive process  instituted  by  the  tribunal  of  the  respective  diocese. 
(Canon  1993.) 

1420.  The  validity  of  the  sacred  ordination  may  be  at- 
tacked by  the  cleric  as  well  as  the  Ordinary  to  whom  the  cleric  is 
subject,  or  the  Ordinary  in  whose  diocese  the  ordination  took 
place. 

Only  a  cleric  \vho  believes  that  he  did  not  contract  the  obli- 


PENAL  SANCTIONS  331 

gations  arising  from  sacred  orders  can  petition  for  declaration 
of  nullity  of  these  obligations.     (Canon  1994.) 

1421.  All  the  rules  laid  down  by  the  Canons  in  the  first 
section  of  the  fourth  book  of  the  Code,  as  well  as  the  laws  under 
the  special  title  of  matrimonial  trials,  must  with  due  distinction 
also  be  observed  in  cases  against  sacred  ordination.      (Canon 
1995.) 

1422.  The  defensor  vinculi  of  sacred  ordination  has  the 
same  rights  and  duties  as  the  defensor  matrimonii.  (Canon  1996.) 

1423.  Though  action  be  instituted  only  over  the  obligations 
of  sacred  orders,  and  not  against  the  validity  of  the  ordination, 
the  cleric  must  nevertheless  be  forbidden  ad  cautelam  to  exercise 
the  sacred  orders.     (Canon  1997.) 

1424.  In  order  that  a  cleric  may  be  free  from  the  obliga- 
tions arising  from  ordination,  two  conformable  sentences  are 
necessary. 

In  reference  to  appeal  in  these  cases  the  laws  of  Canons 
1986-1989  on  appeals  of  marriage  cases  shall  be  observed. 
(Canon  1998.) 

PART  II. 

CASES   OF  BEATIFICATION   OF  THE   SERVANTS 

OF  GOD  AND  CANONIZATION  OF 

THE  BLESSED. 

1425.  (Canons   1999-2141.)     The  interesting  details  of 
procedure  in  the  cases  of  beatification  and  canonization  of  the 
Servants  of  God  contained  in  this  section  of  the  Code  are  setting 
forth  the  particulars  of  the  proceeding,  both  as  to  the  preparatory 
part  which  the  diocesan  Curia  has  in  the  trial  as  also  the  final 
judgment  by  the  Sacred  Congregation  of  Rites. 

PART  III. 

THE  MANNER  OF  PROCEDURE  IN  CERTAIN  AF- 
FAIRS OR  IN  THE  APPLICATION  OF 
PENAL  SANCTIONS. 

1426.  In  the  judicial  proceedings  spoken  of  below,  a  no- 
tary shall  always  be  employed  who  shall  draw  up  the  documents 
which  have  to  be  subscribed  by  all  concerned,  and  which  must 
be  kept  in  the  archives.     (Canon  2142.) 


332  THE  NEW  CANON  LAW 

1427.  Whenever  monitions  are  prescribed,  these  must  be 
made  either  orally,  in  the  presence  of  the  chancellor  or  another 
official  of  the  Curia,  or  of  two  witnesses,  or  by  letter  in  the  man- 
ner prescribed  by  Canon  1719.     This  Canon  rules  that  in  case 
the  written  summons  cannot  be  handed  by  a  courier  to  the  per- 
son called  to  court,  on  account  of  great  distance  or  for  other 
reasons,  it  may  be  transmitted  by  order  of  the  judge  through 
the  public  mail,  provided  the  letter  is  registered  and  a  return 
receipt  signed  by  the  party  is  secured,  or  in  any  other  way  which, 
according  to  the  laws  and  conditions  of  countries,  is  considered 
safest. 

The  fact  of  the  giving  of  the  monition  and  an  authentic 
copy  of  its  contents  is  to  be  preserved  in  the  acts  of  the  case. 

He  who  prevents  the  monition  from  reaching  himself  is  con- 
sidered as  though  he  received  it.  (Canon  2143.) 

1428.  The  examiners  and  consultors  and  the  notary  must 
at  the  beginning  of  the  proceedings  take  the  oath  to  keep  secrecy 
concerning  all  they  will  learn  in  virtue  of  their  office,  and  espe- 
cially about  the  secret  documents,  discussions  held  in  the  meet- 
ing, and  the  number  and  motives  of  the  votes. 

If  they  do  not  obey  this  law,  they  may  not  only  be  removed 
from  office,  but  may  also  be  punished  by  the  Ordinary  with 
fitting  penalties,  according  to  the  requirements  of  law;  and  be- 
sides they  shall  be  obliged  to  repair  any  damage  that  may  have 
been  caused  by  their  action.  (Canon  2144.) 

1429.  In  these  trials  the  summary  form  is  to  be  followed, 
but  it  is  not  forbidden  to  have  two  or  three  witnesses  testify  who 
may  be  summoned  either  ex  officio  or  at  the  request  of  the  party, 
unless  the  Ordinary,  after  consultation  with  the  parochial  con- 
suitors  or  examiners,  should  come  to  the  conclusion  that  the 
witnesses  are  proposed  by  the  parties  to  unnecessarily  delay  the 
case. 

The  witnesses  and  experts  shall  not  be  admitted  to  testify 
except  they  take  the  oath.  (Canon  2145.) 

1430.  From  the  definite  sentence  there  is  but  one  remedy 
which  consists  in  recourse  to  the  Holy  See. 

In  that  case  all  the  acts  of  the  process  are  to  be  forwarded 
to  the  Holy  See. 

Pending  such  recourse  the  Ordinary  cannot  validly  confer 
permanently  upon  another  the  parish  or  benefice  of  which  a 
cleric  was  deprived.  (Canon  2146.) 


REMOVAL  OF  PASTORS  333 

TITLE  XXVII. 

Manner  of  Procedure  in  the  Removal  of  Irremovable 

Pastors. 

1431.  The  pastor  of  an  irremovable  parish  can  be  removed 
for  a  reason  which  makes  his  ministry  harmful  or  inefficient, 
even  apart  from  grave  guilt  on  the  part  of  the  pastor. 

The  principal  causes  for  removal  are  as  follows : 

1.  ignorance,  or  habitual  infirmity  either  bodily  or  men- 
tal, which  render  the  pastor  incapable  to  properly  attend  to  the 
duties  of  his  office,  if  in  the  bishop's  judgment  the  spiritual  wel- 
fare of  the  parish  cannot  be  taken  care  of  by  appointment  of  a 
parochial  vicar  (Confer  Canon  475); 

2.  hatred  by  the  people,  though  unjust  and  not  universal, 
provided  it  be  such  as  to  impede  the  useful  ministry  of  the  pastor, 
and  can  be  foreseen  not  to  cease  within  a  short  time ; 

3.  loss  of  good  reputation  among  virtuous  and  prudent 
men,  whether  this  arises  from  levity  of  conduct  of  the  pastor, 
or  from  a  former  offence  which  has  recently  been  detected,  and 
which  is  exempt  from  penalty  on  account  of  prescription,  or 
from  the  conduct  of  servants  and  blood  relations  with  whom  the 
pastors  lived,  unless  by  their  removal  the  good  reputation  of  the 
pastor  can  be  restored; 

4.  a  probable  secret  crime  of  which  the  pastor  has  been 
accused,  from  which  the  Ordinary  may  prudently  judge  that  in 
future  great  scandal  may  come  to  the  faithful; 

5.  inefficient  administration  of  the  temporal  goods  with 
great  damage  to  the  church  or  benefice,  whenever  the  evil  can- 
not be  remedied  either  by  depriving  the  pastor  of  the  administra- 
tion or  in  any  other  manner,  though  otherwise  the  pastor  does 
usefully  exercise  the  spiritual  ministry.     (Canon  2147.) 

1432.  Whenever  the  Ordinary  learns  that  according  to  his 
judgment  a  pastor  has  fallen  into  any  of  the  cases  of  the  fore- 
going Canon,  the  Ordinary  himself  shall  consult  two  of  the  dio- 
cesan examiners  and  discuss  with  them  the  truth  and  gravity  of 
the  case,  and  after  this  invite  the  pastor,  either  in  writing  or 
orally,  to  tender  resignation  of  his  parish  within  a  specified 
period  of  time,  unless  there  is  question  of  a  pastor  mentally 
afflicted. 

The  invitation  to  resign  must  contain  the  reason  which 


334  THE  NEW  CANON  LAW 

prompts  the  Ordinary  to  take  this  step,  and  the  arguments  on 
which  the  charge  is  based,  otherwise  the  proceeding  is  invalid. 
(Canon  2 148.) 

1433.  If  the  pastor  does  not  resign  within  the  specified 
time,  nor  ask  for  delay,  nor  attack  the  reasons  of  the  charge 
made  against  him,  and  the  Ordinary  has  made  sure  that  the  in- 
vitation was  properly  issued  and  actually  received  by  the  pastor, 
and  that  the  latter  had  no  legal  excuse  for  delaying  an  answer, 
the  Ordinary  shall  at  once  remove  him  from  the  parish,  without 
being  held  to  the  law  of  Canon  2154. 

If  there  is  no  certainty  concerning  the  two  points,  namely, 
that  the  pastor  has  received  the  invitation,  and  that  by  his  own 
fault  he  neglected  to  answer,  the  Ordinary  shall  either  repeat 
the  invitation  to  resign  or  prolong  the  time  in  which  reply  must 
be  made.  (Canon  2149.) 

1434.  If  the  pastor  resigns  his  parish  the  Ordinary  shall 
declare  the  parish  vacant. 

The  pastor  may  instead  of  the  reason  stated  by  the  Ordinary 
give  another,  less  disagreeable  and  grave  motive  why  he  resigns, 
provided  it  be  true  and  lawful,  for  instance,  in  order  to  comply 
with  the  wishes  of  the  Ordinary. 

The  resignation  may  be  made  not  only  purely  and  simply, 
but  also  under  condition,  provided  the  condition  can  be  and  ac- 
tually is  accepted  by  the  Ordinary;  the  resignation  to  be  valid 
must  be  made  in  writing  or  orally  in  presence  of  two  witnesses, 
as  demanded  by  Canon  186.  (Canon  2150.) 

1435.  The  pastor  who  wishes  to  attack  the  reason  for 
removal  mentioned  in  the  invitation,  may  ask  for  delay  to  fur- 
nish proofs  which  respite  the  Ordinary  may  grant  according  to 
his  own  good  judgment,  provided  it  does  not  become  detrimen- 
tal to  the  spiritual  welfare  of  the  faithful.     (Canon  2151.) 

1436.  The  Ordinary  must  discuss,  approve  or  reject  the 
reasons  urged  by  the  pastor  against  the  invitation  with  the  ex- 
aminers mentioned  in  Canon  2148,  §  1,  in  order  that  the  proceed- 
ing may  be  valid. 

The  decision,  whether  in  the  affirmative  or  negative,  is  to 
be  made  known  to  the  pastor  by  a  decree.  (Canon  2152.) 

1437.  The  pastor  may  within  ten  days  object  to  the  decree 
of  removal  to  the  same  Ordinary,  who,  in  order  to  act  validly 
must  consult  two  of  the  parochial  consultors  and  examine,  ap- 


REMOVAL  OF  PASTORS  335 

prove  or  reject  the  new  arguments  as  well  as  those  advanced 
by  him  in  the  first  trial;  he  must  make  his  decision  within  ten 
days  from  the  appeal. 

The  pastor  may,  with  the  permission  of  the  Ordinary,  who 
must  ask  the  advice  of  the  parochial  consultors  on  the  matter, 
introduce  witnesses  whom  he  can  prove  he  was  unable  to  produce 
in  the  first  trial. 

The  decision  is  to  be  made  known  to  the  pastor  by  a  decree. 
(Canon  2153.) 

1438.  After  a  pastor  has  been  removed,  the  Ordinary  shall 
consult  the  diocesan  examiners  or  the  parochial  consultors  who 
took  part  in  deciding  the  removal,  what  is  to  be  done  concerning 
the  pastor.    According  to  the  circumstances  of  the  case  he  may 
either  be  transferred  to  another  parish,  or  assigned  to  some  other 
office  or  benefice,  if  he  is  capable  and  deserving  of  such  office,  or 
be  pensioned. 

All  other  things  being  equal,  the  pastor  who  resigns  is  to  be 
more  favored  in  the  provision  made  for  him  than  the  pastor  who 
is  removed.  (Canon  2154.) 

1439.  The  question  of  providing  for  the  removed  pastor 
may  be  settled  by  the  Ordinary,  either  in  the  decree  of  removal 
or  afterwards,  but  it  should  be  done  as  soon  as  possible.     (Canon 
2155.) 

1440.  The  priest  who  is  removed  from  a  parish  must  as 
soon  as  possible  vacate  the  parochial  residence  and  turn  over  to 
the  new  pastor,  or  to  the  economus  appointed  by  the  bishop,  all 
goods  belonging  to  the  parish. 

If,  however,  the  pastor  should  be  sick  and  cannot  be  re- 
moved without  inconvenience,  the  Ordinary  shall  relinquish  to 
him  even  the  exclusive  use  of  the  house,  for  so  long  as  he  is  in 
that  condition.  (Canon  2 156.) 

TITLE  XXVIII. 

Manner  of  Procedure  in  Depriving  Removable  Pastors  of 

Their  Parish. 

1441.  The  movable  pastor  may  be  removed  from  his  parish 
for  a  good  and  serious  reason  according  to  the  law  of  Canon 
2147. 


336  THE  NEW  CANON  LAW 

In  reference  to  pastors  belonging  to  religious  communities 
the  law  of  Canon  454,  §  5,  shall  be  observed.    (Canon  2157.) 

1442.  If  the  Ordinary  believes  that  there  is  present  one 
of  these  reasons  for  removal,  he  shall  paternally  admonish  and 
exhort  the  pastor  to  resign,  indicating  to  him  the  reason  why  his 
parochial  ministry  is  harmful  to  the  faithful,  or  at  least  inefficient. 
(Canon  2158.) 

1443.  If  he  does  not  answer  within  the  specified  days  the 
law  of  Canon  2149  is  to  be  enforced.     If  the  pastor  refuses  to 
resign,  he  shall  give  his  reasons  in  writing,  which  the  Ordinary 
must  consider  with  two  of  the  diocesan  examiners,  in  order  to 
act  validly.     (Canon  2159.) 

1444.  If  the  Ordinary  after  having  heard  the  examiners 
does  not  judge  the  pastor's  reasons  legitimate,  he  shall  repeat  the 
admonition  to  resign  threatening  removal  if  the  pastor  should 
not  of  his  own  accord  resign  the  parish  within  a  suitable  period 
of  time  to  be  fixed  by  the  bishop.     (Canon  2160.) 

1445.  The  specified  period  of  time  having  elapsed,  which 
may  also  be  prolonged  according  to  the  good  judgment  of  the 
bishop,  he  shall  issue  the  decree  of  removal. 

The  Ordinary  shall  provide  for  the  removed  pastor  accord- 
ing to  the  rules  of  Canons  2154-2156.  (Canon  2161.) 

TITLE  XXIX. 

Manner  of  Procedure  in  the  Transfer  of  Pastors. 

1446.  If  the  good  of  souls  necessitates  the  transfer  to 
another  parish  of  a  pastor  who  administers  his  parish  satisfac- 
torily, the  Ordinary  shall  invite  and  persuade  the  pastor  to  con- 
sent to  the  change  for  the  love  of  God  and  the  welfare  of  souls. 
(Canon  2162.) 

1447.  The  Ordinary  cannot  transfer  an  irremovable  pastor 
against  his  will,  unless  he  has  obtained  special  faculties  from  the 
Holy  See. 

A  movable  pastor,  however,  may  also  against  his  will  be 
transferred,  if  the  parish  to  which  he  is  to  be  transferred  is  not 
too  much  inferior  to  his  present  parish,  provided  the  following 
Canons  are  observed.  (Canon  2163.) 

1448.  If  the  pastor  does  not  yield  to  the  invitation  and  per- 


PROCEDURE  AGAINST  CLERICS  337 

suasion  of  the  Ordinary  to  accept  another  parish,  he  shall  explain 
his  reasons  in  writing.     (Canon  2164.) 

1449.  If  the  Ordinary,  notwithstanding  the  reasons  alleged 
by  the  pastor,  should  nevertheless  desire  to  make  the  change,  he 
must,  in  order  to  act  validly,  consult  two  of  the  parochial  con- 
suitors  on  the  reasons  advanced  by  the  pastor,  and  discuss  with 
them  the  circumstances  of  the  parish  in  which  the  pastor  is  sta- 
tioned at  present,  and  the  parish  to  which  he  is  to  be  transferred, 
and  explain  the  reasons  which  make  the  transfer  of  the  pastor 
either  useful  or  necessary.     (Canon  2165.) 

1450.  If  the  Ordinary  after  having  heard  the  parochial 
consultors  should  still  want  to  make  the  change,  he  shall  repeat 
the  exhortations  and  admonish  the  pastor  to  heed  the  desire  of 
his  superior.     (Canon  2166.) 

1451.  If  after  all  this  the  pastor  still  refuses  to  consent  to 
the  transfer,  and  the  Ordinary  still  believes  that  the  change 
should  be  made,  he  shall  command  the  pastor  to  go  to  the  other 
parish  within  a  specified  time,  and  indicate  to  him  in  writing  that 
the  present  parish  which  he  occupies  shall  be  considered  vacant 
ipso  facto  at  the  expiration  of  the  specified  period  of  time. 

If  this  period  has  elapsed  without  result,  he  shall  declare  the 
parish  vacant.  ( Canon  2 1 67. ) 

TITLE  XXX. 

Manner  of  Procedure  Against  Clerics  Not  Observing  the 
Law  of  Residence. 

1452.  The  pastor,  canon,  or  other  cleric,  who  neglect  the 
law  of  residence  to  which  they  are  bound  by  reason  of  their  bene- 
fice shall  be  admonished  by  the  Ordinary  and  in  the  meantime,  if 
there  is  question  of  a  pastor,  the  bishop  shall  at  the  expense  of 
the  pastor  provide  that  the  welfare  of  souls  does  not  suffer  harm. 

In  the  monition  the  Ordinary  shall  remind  such  offenders 
of  the  penalties  which  clerics  incur  who  do  not  keep  residence, 
and  that  according  to  the  law  of  Canon  188,  n.  8,  the  benefice 
shall  become  vacant  ipso  facto  if  they  do  not  obey  the  admoni- 
tion; the  bishop  shall  specify  the  period  of  time  in  which  they 
must  return  to  their  residence.  (Canon  2168.) 

1453.  If  the  cleric  does  not  resume  his  residence  within 
the  specified  period  of  time,  nor  give  reasons  for  his  absence,  he 


338  THE  NEW  CANON  LAW 

shall  declare  the  parish  or  other  benefice  vacant  in  the  manner 
prescribed  by  Canon  2149.     (Canon  2169.) 

1454.  If  the  cleric  resumes  his  residence,  and  if  his  ab- 
sence had  been  illegitimate,  the  Ordinary  shall  not  only  deprive 
him  of  the  income  of  the  benefice  for  the  time  of  his  absence, 
which  he  forfeits  eo  ipso  in  virtue  of  Canon  2381,  but  may,  if 
the  case  calls  for  it,  punish  him  with  other  penalties,  in  addition, 
according  to  the  measure  of  his  guilt.     (Canon  2170.) 

1455.  If  the  cleric  does  not  resume  his  residence,  but  gives 
reasons  for  his  absence,  the  Ordinary  together  with  two  of  the 
diocesan  examiners  shall  consider  the  matter,  and,  if  necessary, 
investigate  whether  the  reasons  given  are  legitimate.     (Canon 
2171.) 

1456.  If  after  consultation  with  the  examiners  the  Ordi- 
nary judges  that  the  reasons  are  not  legitimate,  he  shall  again 
give  the  cleric  a  specified  period  of  time  in  which  he  is  to  return, 
saving  always  the  privation  of  the  income  for  the  time  of  illegal 
absence.     (Canon  2172.) 

1457.  If  a  movable  pastor  does  not  return  within  the  pre- 
scribed time,  the  Ordinary  can  at  once  proceed  with  the  privation 
of  the  parish.    If  he  returns,  the  Ordinary  shall  give  him  a  com- 
mand in  writing  not  to  again  leave  the  parish  without  his  per- 
mission under  penalty  of  privation  of  the  parish  to  be  incurred 
ipso  facto.    ( Canon  2 1 73. ) 

1458.  If  the  cleric  who  has  an  irremovable  benefice  does 
not  resume  his  residence,  but  offers  new  reasons  for  his  absence, 
the  Ordinary  shall  examine  them  together  with  the  same  exam- 
iners in  the  manner  specified  in  Canon  2171. 

If  the  bishop  and  the  examiners  do  not  think  the  reasons  to 
be  legitimate,  the  Ordinary  shall  without  consideration  of  any 
further  arguments  command  the  cleric  to  return  within  the  time 
first  specified,  or  within  a  new  term  set  by  the  bishop,  under  pen- 
alty of  privation  of  the  benefice  to  be  incurred  ipso  facto. 

If  he  does  not  return,  the  Ordinary  shall  declare  him  de- 
prived of  his  benefice;  if  he  returns,  the  Ordinary  shall  give  him 
the  precept  mentioned  in  Canon  2173.  (Canon  2174.) 

1459.  In  neither  case  shall  the  Ordinary  declare  the  bene- 
fice vacant  until  after  he  has  discussed  with  the  examiners  the 
reasons  for  absenting  himself  offered  by  the  cleric,  and  has  made 


PROCEDURE  AGAINST  CLERICS  339 

certain  that  the  cleric  could  have  asked  the  written  permission 
of  the  bishop  for  leave  of  absence.     (Canon  2175.) 

TITLE  XXXI. 
Manner  of  Procedure  Against  Clerics  Living  in  Concubinage. 

1460.  The  cleric  who,  contrary  to  the  law  of  Canon  133, 
keeps  under  his  roof,  or  in  any  manner  frequents,  a  woman  of 
suspicious  character  shall  be  admonished  by  the  Ordinary  to  send 
her  away,  or  not  to  frequent  her,  threatening  the  penalties  which 
Canon    2359    decrees    against    clerics    living    in    concubinage. 
(Canon  2176.) 

1461.  If  the  cleric  does  neither  obey  the   precepts   nor 
answer,  the  Ordinary  after  having  ascertained  that  the  cleric 
could  have  done  so,  shall:  (1)  suspend  him  a  divinis;  (2)  if  he 
is  a  pastor,  deprive  him  at  once  of  his  parish  in  addition  to  the 
suspension;  (3)  deprive  the  cleric  who  holds  a  benefice  without 
the  care  of  souls,  of  one-half  of  the  income  of  the  benefice,  if 
within  two  months  from  the  suspension  he  did  not  amend;  after 
three  more  months  of  all  the  income  of  the  benefice;  after  an- 
other three  months  of  the  benefice  itself.     (Canon  2177.) 

1462.  If  the  cleric  does  not  obey,  but  adduces  reasons  of 
excuse,  the  Ordinary  shall  consult  two  of  the  examiners  on  those 
poi  nts .     ( Canon  2 1 78. ) 

1463.  If  the  Ordinary  after  consultation  with  the  exam- 
iners does  not  believe  the  proffered  reasons  to  be  legitimate,  he 
shall  as  soon  as  possible  inform  the  cleric  of  his  judgment,  and 
give  him  a  formal  precept  to  obey  within  a  short  time  to  be  fixed 
by  the  bishop.     (Canon  2179. 

1464.  The  Ordinary  can  at  once  coerce  a  movable  pastor 
who  does  not  obey,  by  inflicting  punishment  according  to  Canon 
2177.    If  there  is  question  of  a  cleric  who  holds  an  irremovable 
benefice,  and  who  does  not  obey  the  bishop's  orders  in  this  mat- 
ter, but  offers  new  reasons  for  his  conduct,  the  bishop  shall  sub- 
ject these  new  allegations  to  the  examination  of  the  diocesan 
examiners  according  to  the  form  of  Canon  2178.  (Canon  2180.) 

1465.  If  also  these  reasons  are  not  recognized  as  legitimate, 
the  Ordinary  shall  again  command  the  cleric  to  obey  within  a 
suitable  period  of  time;  if  this  period  has  elapsed  without  the 
desired  effect,  he  shall  proceed  according  to  the  law  of  Canon 
2177.     (Canon  2181.) 


340  THE  NEW  CANON  LAW 

TITLE  XXXII. 

Manner  of  Procedure  Against  a  Pastor  Who  Is  Negligent  in 
the  Fulfilment  of  the  Pastoral  Duties. 

1466.  A  pastor  who   seriously   neglects   or  violates   the 
parochial  duties  imposed  by  Canons  467,  §  1,  468,  §  1,  1330-1332, 
and  1344,  shall  be  admonished  by  the  bishop,  who  shall  remind 
him  of  the  strict  obligation  of  conscience  by  which  he  is  bound, 
and  of  the  penalties  which  the  law  decrees  against  these  offences. 
(Canon  2182.) 

1467.  If  the  pastor  does  not  amend,  and  the  bishop  after 
having  consulted  on  the  matter  two  of  the  diocesan  examiners, 
and  having  given  the  pastor  opportunity  to  defend  himself  should 
have  found  proof  that  the  above  mentioned  parochial  duties  have 
again  and  again  been  neglected  or  violated  for  a  considerable 
length  of  time,  and  in  important  matters,  without  any  just  rea- 
son, he  shall  rebuke  the  pastor  and  impose  on  him  an  appropriate 
penalty  in  proportion  to  his  offence.     (Canon  2183.) 

1468.  If  both  the  rebuke  and  the  punishment  brought  no 
fruit,  the  Ordinary  after  having  proved  according  to  the  norm  of 
Canon  2183,  the  culpable  perseverance  in  the  neglect  or  violation 
of  his  pastoral  duties  in  matters  of  importance,  he  can  at  once 
deprive  the  movable  pastor  of  his  parish ;  the  immovable  pastor, 
however,  shall  be  deprived  of  the  income  from  the  benefice  either 
in  whole  or  in  part  in  proportion  to  the  gravity  of  the  guilt;  the 
income  of  which  the  pastor  was  deprived  is  to  be  distributed  to 
the  poor  by  the  Ordinary.     (Canon  2184.) 

1469.  If  the  irremovable  pastor  persist  in  his  sinful  care- 
lessness, and  such  has  been  proved  in  the  manner  prescribed  by 
the  foregoing  Canons,  the  bishop  can  remove  also  the  irremovable 
pastor.     ( Canon  2185.) 

TITLE  XXXIII. 

Manner  of  Procedure  for  Infliction  of  the  Suspension 
ex  Informata  Conscientia. 

1470.  The  Ordinaries  may  punish  their  subject  clerics  ex 
inforinata  conscientia  either  by  a  complete  or  a  partial  suspension. 

The  Ordinary  is  not  allowed  to  make  use  of  this  extraor- 
dinary means  of  procedure  except  in  a  case  where  he  could  not 


INFLICTION  OF  SUSPENSION  341 

without  great  inconvenience  proceed  against  a  subject  in  the  ordi- 
nary course  of  law.     (Canon  2186.) 

1471.  In  order  to  issue  this  suspension  neither  the  form 
bf  a  judicial  trial  is  required  nor  canonical  monitions,  it  suffices 
that  the  Ordinary  in  compliance  with  the  following  Canons  issue 
a  decree  in  which  he  simply  declares  that  he  inflicts  the  suspen- 
sion.    (Canon  2187.) 

1472.  This  decree  is  to  be  given  in  writing,  unless  the  cir- 
cumstances demand  otherwise,  in  which  document,  besides  day, 
month,  and  year  in  which  it  is  issued,  shall  be  indicated  the  fol- 
lowing: (1)  it  shall  be  explicitly  stated  that  the  suspension  is 
inflicted  ex  informata  conscientia,  that  is  to  say,   for  reasons 
known  to  the  Ordinary;  (2)  the  time  of  duration  of  the  penalty 
shall  be  indicated ;  the  Ordinary  should  abstain  from  inflicting  a 
perpetual   suspension.     It  may,   however,   be   inflicted   also   as 
a  censure,  provided  that  in  such  case  the  cleric  is  advised  of  the 
reason  why  the  suspension  is  inflicted  on  him;  (3)  the  acts  which 
are  forbidden,  if  it  is  not  a  total,  but  only  a  partial  suspension, 
must  be  clearly  specified.     (Canon  2188.) 

1473.  If  the  cleric  is  suspended  from  an  office  for  which 
some  one  else  has  to  be  substituted,  as  for  instance,  the  priest 
who  takes  the  suspended  pastor's  place  in  the  care  of  souls,  the 
substitute  shall  receive  such  compensation  from  the  revenue  of 
the  benefice  as  the  Ordinary  shall  by  his  own  good  judgment 
specify. 

The  cleric  who  thinks  that  the  substitute  receives  too  much 
of  the  revenue  of  the  benefice,  to  the  detriment  to  his  own  in- 
come, may  apply  for  a  reduction  to  the  immediate  superior  who 
would  be  the  judge  of  appeal  in  the  regular  canonical  trial. 
(Canon  2189.) 

1474.  The  Ordinary  who  inflicts  a  suspension  ex  informata 
conscientia  must  have  by  previous  investigations  collected  such 
proofs  that  give  him  certainty  that  the  cleric  did  actually  commit 
an  offence  serious  enough  to  be  punished  with  such  a  penalty. 
(Canon  2190.) 

1475.  An  occult  offence,  as  described  in  Canon  2197,  n.  4, 
furnishes  a  just  and  legitimate  cause  to  inflict  the  suspension 
ex  informata  conscientia. 

A  notorious  offence  cannot  be  punished  by  suspension  ex 
informata  conscientia. 


342  THE  NEW  CANON  LAW 

If  a  public  offence  is  to  be  punished  by  suspension  ex  in- 
formata  conscientia,  it  is  necessary  that  one  of  the  following 
circumstances  occur:  (1)  if  conscientious  and  serious  minded 
witnesses  do  indeed  make  known  to  the  Ordinary  an  offence 
which  was  committed,  but  cannot  in  any  way  be  induced  to  tes- 
tify in  court  to  the  crime,  and  there  is  no  other  way  open  to 
convict  the  offender  in  a  judicial  trial;  (2)  if  the  cleric  himself, 
by  threats,  and  the  use  of  other  means,  prevents  the  canonical 
trial  from  starting,  or,  if  started,  from  progressing;  (3)  if  an 
impediment  to  the  prosecution  of  the  canonical  trial  or  to  the 
issue  of  the  sentence  arises  from  adverse  civil  laws,  or  from  fear 
of  great  scandal.  (Canon  2 191.) 

1476.  The  suspension  ex  informata  coiiscientia  is  valid  if 
of  several  offences  one  only  is  occult.     (Canon  2192.) 

1477.  It  is  left  to  the  prudent  judgment  of  the  Ordinary 
to  make  known  or  to  conceal  to  the  cleric  the  cause  or  offence 
for  which  the  suspension  is  inflicted,  but  if  he  thinks  it  well  to 
make  known  the  reason,  he  should  do  so  with  pastoral  solicitude 
and  charity,  so  that  the  penalty  accompanied  with  paternal  ad- 
monition may  serve  not  only  for  the  satisfaction  of  the  guilt, 
but  also  bring  about  the  amendment  of  the  offender,  and  serve 
to  eliminate  the  occasion  of  sin.     (Canon  2193.) 

1478.  If  the  cleric  has  recourse  to  the  Holy  See  against 
the  suspension  inflicted  on  him,  the  Ordinary  must  forward  to 
the  Holy  See  the  proofs  from  which  it  is  made  certain  that  the 
cleric  has  really  committed  an  offence  which  can  be  punished 
by  this  extraordinary  penalty.     (Canon  2194.) 


THE  FIFTH   BOOK 

Offences    and    Penalties 

PART  I. 

OFFENCES. 

TITLE  I. 
Nature  and  Division  of  Offences. 

1479.  By  the  generic  name  of  delictum  there  is  in  eccle- 
siastical law  meant  an  external  and  morally  sinful  violation  of  a 
law  to  which  is  attached  a  canonical  sanction  or  penalty,  at  least 
indeterminately. 

What  is  said  concerning  the  violation  of  a  law  applies  equally 
to  the  violation  of  precepts  to  which  a  penalty  has  been  attached, 
unless  the  contrary  is  apparent  from  the  circumstances.  (Canon 
2195.) 

1480.  The  nature  of  an  offence  is  to  be  judged  from  the 
subject  matter  of  the  law.     The  greater  or  lesser  culpability 
depends  not  only  on  the  gravity  of  the  law  which  is  violated,  but 
also  on  the  degree  of  sinfulness  of  the  action  and  the  harm 
caused.     (Canon  2196.) 

1481.  An  offence  is  called: 

1.  Public,  if  it  actually  has  been  divulged  or  circumstances 
are  such  that  it  easily  can  and  must  become  public ; 

2.  Notorious,  by  notoriety  of  the  law,  after  the  sentence  of 
a  competent  judge  has  become  a  res  judicata,  that  is  to  say,  a 
sentence  from  which  there  is  no  appeal,  or  after  a  confession 
made  in  court  in  presence  of  the  judge; 

3.  Notorious  by  notoriety  of  fact,  if  the  offence  is  publicly 
known  and  has  been  committed  under  such  circumstances  that 
it  cannot  be  kept  secret  by  any  artifice,  nor  can  be  excused  by 
any  subterfuge  of  law; 

4.  Occult,  which  is  not  public;  occult  materialiter ,  if  the 
crime  itself  is  not  known;  occult  formaliter,  if  the  person  to 
whom  it  is  to  be  imputed  is  not  known.     (Canon  2197.) 

1482.  An  offence  which  solely  violates  a  law  of  the  Church 

343 


344  THE  NEW  CANON  LAW 

is  by  its  very  nature  subject  only  to  punishment  by  the  ecclesias- 
tical authority,  which  may  at  times  ask  the  assistance  of  the 
civil  power  when  it  judges  such  help  necessary  or  opportune.  An 
offence  which  violates  solely  a  law  of  the  civil  authority  is  pun- 
ished by  the  civil  authority  by  its  own*  right,  saving  the  exception 
of  Canon  120,  though  also  the  Church  is  competent  to  judge  it 
by  reason  of  the  sin ;  the  offence  which  violates  the  law  of  either 
society,  can  be  punished  by  both.  (Canon  2198.) 

TITLE  II. 

Imputability  of  an  Offence,   Causes  Which  Aggravate  or 
Diminish  It,  and  Juridical  Effects  of  an  Offence. 

1483.  The  imputability  or  responsibility  of  an  offence  de- 
pends on  the  evil  intention  of  the  delinquent,  or  on  the  amount  of 
guilt  in  his  ignorance  of  the  law  which  he  broke,  or  in  the  omis- 
sion of  due  diligence.     Wherefore  all  causes  which  increase, 
diminish  or  take  away,  deliberate  evil  will  and  sinf  ulness,  do  also 
co  ipso  increase,  diminish  or  take  away,  imputability  or  responsi- 
bility.    (Canon  2199.) 

1484.  By  the  term  dolus  is  understood  here  the  deliberate 
will  to  violate  the  law,  to  which  is  opposed,  on  the  part  of  the 
mind,  defect  of  knowledge,  and,  on  the  part  of  the  will,  the  want 
of  liberty. 

Whenever  the  law  is  violated  by  external  action,  the  delib- 
erate will  is  presumed  in  the  external  forum,  until  the  contrary  is 
proved.  (  Canon  2200. ) 

1485.  Incapable  of  committing  an  offence  are  those  who 
do  not  enjoy  the  use  of  reason. 

Habitually  insane  persons,  though  they  have  at  times  lucid 
moments,  or  seem  to  be  sane  in  certain  ways  of  reasoning  and 
acting,  are  nevertheless  presumed  incapable  of  an  offence. 

An  offence  committed  in  voluntary  drunkenness  is  somewhat 
responsible,  but  in  a  lesser  degree  than  if  the  same  offence  is  com- 
mitted by  a  person  fully  in  control  of  his  senses,  unless  drunken- 
ness was  sought  deliberately  for  the  purpose  of  committing  the 
crime,  or  to  excuse  it.  If  the  law  has  been  violated  in  involun- 
tary drunkenness,  there  is  no  responsibility  at  all  if  the  intoxica- 
tion deprived  the  person  altogether  of  the  use  of  reason;  respon- 
sibility is  diminished  if  the  use  of  reason  was  only  partially 


EFFECTS  OF  AN  OFFENCE  345 

impaired.    The  same  is  to  be  said  of  other,  similar  disturbances  of 
the  mind. 

Debility  of  mind  diminishes  the  responsibility  of  an  offence 
but  does  not  take  it  away  altogether.  (Canon  2201.) 

1486.  The  violation  of  a  law  of  which  one  was  ignorant 
is  not  put  to  one's  account  if  the  ignorance  was  inculpable ;  other- 
wise the  responsibility  is  more  or  less  diminished  in  proportion 
to  the  amount  of  the  sinfulness  of  the  ignorance. 

Ignorance  of  the  penalty  only  attached  to  the  violation  of  a 
law  does  not  take  away  the  responsibility  for  the  offence,  but 
diminishes  it  somewhat. 

What  is  said  of  ignorance  holds  good  also  in  reference  to 
inadvertence  and  error.  (Canon  2202.)  (Cf.  Canon  2229.) 

1487.  If  a  person  violates  a  law  by  the  omission  of  due 
diligence,   the  responsibility  is   diminished   in  a   degree  to   be 
measured  by  the  good  judgment  of  the  ecclesiastical  judge  ac- 
cording to  the  circumstances  of  the  case.     If  the  offender  fore- 
saw the  occurrence  and  nevertheless  neglected  to  use  such  pre- 
cautions as  any  prudent  man  would  have  used,  the  guilt  is  next 
to  wilful  violation  of  the  law. 

An  accidental  case  which  could  not  be  foreseen,  or,  if  fore- 
seen, could  not  be  avoided,  is  free  from  all  responsibility. 
(Canon  2203.) 

1488.  Minor  age,  unless  the  contrary  is  apparent,  dimin- 
ishes the  responsibility,  all  the  more  so  the  nearer  it  approaches 
infancy.     (Canon  2204.) 

1489.  Physical  violence  which  robs  a  person  of  all  free- 
dom of  action  excludes  all  idea  of  crime. 

Grave  fear,  even  relatively  such,  necessity  and  also  great 
inconvenience,  excuse  as  a  rule  from  all  guilt,  if  there  is  question 
of  purely  ecclesiastical  laws. 

If,  however,  the  act  is  intrinsically  evil,  or  involves  contempt 
of  faith  or  of  ecclesiastical  authority,  or  the  harm  of  souls,  the 
circumstances  spoken  of  in  the  preceding  paragraph  do  indeed 
diminish  the  responsibility  but  do  not  take  it  away. 

The  case  of  legitimate  self-defence  against  an  unjust  aggres- 
sor, with  due  precaution  not  to  injure  the  aggressor  more  than 
necessary  for  self  protection,  excuses  from  all  guilt;  otherwise 
the  responsibility  is  only  diminished,  as  is  the  case  also  where 
provocation  entices  a  person  to  do  wrong.  (Canon  2205.) 


346  THE  NEW  CANON  LAW 

1490.  Passion,  when  voluntarily  and  deliberately  excited 
or  nourished,  does  rather  increase  the  responsibility ;  otherwise  it 
diminishes  the  guilt  more  or  less  in  proportion  to  the  vehemence 
of  the  passion;  it  may  also  take  away  all  responsibility  if  the 
passion  rises  suddenly  and  with  such  intensity  as  to  exclude  re- 
flection and  consent  of  the   will   or  to   impede   free  consent. 
(Canon  2206.) 

1491.  Besides  other  aggravating  circumstances,  the  guilt  is 
increased:  (1)  By  the  greater  dignity  of  the  person  who  commits 
an  offence,  or  against  whom  the  crime  is  committed;  (2)  by  the 
abuse  of  authority  or  of  an  office  for  the  commission  of  an 
offence.     (Canon  2207.) 

1492.  A  recidivus  in  the  terminology  of  law  denotes  a  per- 
son who  again  commits  an  offence  of  the  same  kind  for  which 
he  had  been  condemned  previously,   and  under  such   circum- 
stances and  at  such  a  time  that  his  obstinacy  in  evil  intention  may 
with  good  reasons  be  conjectured  from  his  actions. 

He  who  offends  several  times,  though  in  various  kinds  of 
violations,  increases  his  responsibility.  (Canon  2208.) 

1493.  Those  who  agree  to  cooperate  in  the  same  offence  by 
united  physical  action  are  all  held  guilty  in  the  same  degree,  un- 
less the  circumstances  increase  or  diminish  the  culpability  of  one 
or  the  other. 

In  an  offence  which  of  its  very  nature  requires  an  accom- 
plice, both  parties  are  held  equally  guilty,  unless  the  circum- 
stances prove  the  contrary. 

Not  only  the  one  who  orders  the  commission  of  an  offence, 
and  who  is  therefore  the  principal  author  of  the  crime,  but  also 
all  who  induce  another  or  help  him  in  any  way  to  commit  the 
crime,  are  ceteris  paribus  contracting  the  same  guilt  as  the 
executor  of  the  misdeed  himself,  if  the  deed  would  not  have  been 
committed  without  their  cooperation. 

If  their  cooperation,  however,  only  facilitated  the  misdeed 
which  would  have  been  committed  even  without  their  help,  it  is 
less  sinful. 

He  who  ceased  to  cooperate  in  the  crime  by  timely  with- 
drawal from  all  participation  is  freed  from  all  responsibility, 
though,  for  reasons  of  his  own,  the  executor  of  the  misdeed  per- 
petrated the  crime;  if  he  did  not  completely  withdraw  his  in- 
fluence, his  retraction  diminishes  but  does  not  take  away  respon- 
sibility altogether. 


ATTEMPTED  CRIME  347 

He  who  cooperates  in  a  crime  merely  by  neglect  of  his  duty 
is  held  responsible  to  a  degree  proportionate  to  his  obligation  of 
preventing  the  crime. 

Praise  of  the  accomplishment  of  a  crime,  participation  in  its 
fruits,  receiving  or  concealing  the  delinquent,  and  other  actions 
following  after  the  crime  has  been  fully  completed,  may  constitute 
new  crimes,  namely  if  these  actions  are  punished  in  law  by 
penalties,  but,  unless  they  had  made  an  agreement  with  the 
offender  about  these  actions  before  he  committed  the  crime,  they 
do  not  import  responsibility  for  the  crime.  (Canon  2209.) 

1494.  From  the  commission  of  a  crime  follows : 

1.  the  penal  action,  either  for  the  declaration  or  the  inflic- 
tion of  the  penalty  and  the  petition  for  satisfaction ; 

2.  the  civil  action,  for  reparation  of  damages,  if  the  crime 
caused  losses  to  anyone. 

Both  actions  are  to  be  instituted  in  court  according  to  the 
rules  of  Canons  1552-1959;  the  same  judge  who  handles  the 
criminal  cause  may  also,  at  the  instance  of  the  party  that  suffered 
damages,  examine  into  and  give  sentence  in  the  civil  action. 
(Canon  2210.) 

1495.  All  persons  who  cooperate  in  a  crime  in  the  manner 
described  in  Canon  2209,  §§  1-3,  are  individually  held  to  pay  the 
expenses  and  repair  the  damages  done  to  other  persons  by  the 
crime,  though  the  judge  should  have  condemned  them  only  to  a 
portion  of  the  expenses  and  damages.     If,  therefore,  some  of  the 
cooperators  cannot,  or  do  not,  contribute  their  share  the  others 
are  held  for  all  expenses  and  damages.     (Canon  2211.) 

TITLE  III. 

Attempted  Crime. 

1496.  He  who  places  an  action,  or  omits  an  action,  which 
of  its  very  nature  leads  to  the  execution  of  a  crime,  but  does 
not  complete  the  act  either  because  he  changed  his  mind  or  was 
not  successful  in  the  execution  of  the  crime  on  account  of  insuffi- 
cient or  inadequate  means,  is  said  to  be  guilty  of  attempted  crime. 

If  all  actions  were  placed  or  omitted  which  naturally  lead  to 
the  execution  of  a  crime  and  would  have  sufficed  to  perpetrate  it, 
but,  on  account  of  other  causes  that  interfered  against  the  will 
of  the  intended  criminal,  he  did  not  accomplish  the  crime,  it  is 
properly  called  frustrated  crime. 


348  THE  NEW  CANON  LAW 

The  person  who  induces  another  to  commit  a  crime,  but 
does  not  succeed,  is  nearly  as  wicked  as  a  person  guilty  of  at- 
tempted crime. 

Attempted  crime  that  is  punished  in  law  with  a  special 
penalty,  constitutes  a  real  crime.  (Canon  2212.) 

1497.  Attempted  crime  is  sinful   to  a  greater  or  lesser 
degree  in  proportion  to  its  greater  or  lesser  proximity  to  the 
accomplishment  of  the  crime,  though  always  less  sinful  than  a 
committed  crime. 

Frustrated  crime  is  more  sinful  than  merely  attempted 
crime. 

He  who  of  his  own  accord  desisted  from  the  execution  of 
a  crime  which  he  had  started  to  commit  is  free  from  all  respon- 
sibility if  no  damage  was  caused  nor  scandal  given.  (Canon 
2213.)  The  Canon  speaks,  of  course,  of  responsibility  in  the 
external  forum  or  the  courts  of  law,  and  not  of  the  interior 
sinful  acts  of  the  will,  which  might  in  such  case  be  a  very  serious 
sin  of  internal  consent,  and  of  will  to  do  a  forbidden  action. 

PART  II. 
PENALTIES. 

SECTION  I. 

Penalties  in  General. 

1498.  It  is  the  innate  and  proper  right  of  the  Church,  inde- 
pendently of  any  human  authority  to  punish  her  guilty  subjects, 
with  both  spiritual  and  temporal  penalties. 

The  admonition  of  the  Council  of  Trent  (session  XIII,  de 
ref.  cap.  1 )  to  the  bishops  and  other  Ordinaries  is  here  repeated, 
from  which  it  is  evident  that  the  Church  does  not  favor  the 
hasty  and  rash  use  of  extreme  penalties  and  censures  but  reminds 
the  bishops  to  consider  their  subjects  as  children  and  brethren, 
and  to  try  as  long  as  possible,  by  patience  and  kindness,  to 
influence  them  to  strive  after  virtue  and  to  desist  from  vice. 
(Canon  22 14.) 

TITLE  IV. 

Definition,  Species,  Interpretation  and  Application  of 
Penalties. 

1499.  An  ecclesiastical  penalty  is  the  privation  of  some 
good,  inflicted  by  the  legitimate  authority  on  the  delinquent  for 


APPLICATION  OF  PENALTIES  349 

his  correction  and   for  punishment  of  the   offence.     (Canon 
2215.) 

1500.  There  are  three  kinds  of  penalties  in  the  Church: 
(1)  The  so-called  corrective  punishments  or  censures;  (2)  puni- 
tive penalties ;  (3)  penal  remedies  and  penances.     (Canon  2216.) 

1501.  A  penalty  is  called: 

1.  Determined,  when  the  precise  nature  of  it  is  specified 
in  a  law  or  precept;  undetermined,  if  the  law,  in  either  perceptive 
or  facultative  terms,  leaves  the  determination  of  the  penalty  to 
the  good  judgment  of  judge  or  superior; 

2.  Latae  sententiae,  if  a  specified  penalty  is  attached  to  a 
law  or  a  precept  in  such  a  manner  that  it  is  incurred  by  the  very 
commission  of  the  crime;  ferendae  sententiae,  if  the  judge  or 
superior  is  instructed  to  inflict  a  certain  penalty; 

3.  A  jure,  if  the  penalty  is  specified  in  the  law  itself,  as 
either  latae  or  ferendae  sententiae;  ab  homine,  if  a  penalty  is 
inflicted  by  means  of  a  special  precept  or  condemnatory  sentence 
of  a  judge,  though  the  punishment  is  prescribed  in  law;  where- 
fore a  penalty  ferendae  sententiae  attached  to  a  law  is  a  jure 
tantum  before  the  condemnatory  sentence,  after  the  sentence  it 
is  both  a  jure  and  ab  homine  but  is  considered  as  ab  homine. 

A  penalty  is  always  understood  to  be  ferendae  sententiae, 
unless  the  law  explicitly  states  that  it  is  latae  sententiae,  or  that 
it  is  incurred  ipso  facto,  or  ipso  jure,  or  if  other  similar  terms  are 
employed.  (Canon  2217.) 

1502.  In  the  infliction  of  penalties  the  punishment  must  be 
in  just  proportion  to  the  offence,   having  due   regard  to  the 
amount  of  responsibility,  scandal  and  damage;  wherefore  atten- 
tion is  to  be  paid  not  only  to  the  subject  matter  of  the  law  and 
its  gravity,  but  also  to  the  age,  knowledge,  education,  sex,  state  of 
life,  and  the  condition  of  mind,  of  the  delinquent,  to  the  dignity 
of  the  person  against  whom  the  crime  is  committed,  or  who  com- 
mitted the  offence,  to  the  purpose  intended,  the  place  and  time  and 
where  and  when  the  offence  was  committed,  whether  the  offender 
acted  under  the  impulse  of  passion  or  out  of  grave  fear,  whether 
he  repented  of  his  misdeed  and  tried  himself  to  prevent  its  evil 
consequences,  and  other  similar  circumstances. 

Circumstances  which  excuse  from  all  sin,  and  also  those 
excusing  from  mortal  sin,  do  likewise  excuse  from  incurring  any 
penalty  whether  latae  or  ferendae  sententiae;  the  excuse  holds 


350  THE  NEW  CANON  LAW 

also  in  the  external  forum  if  the  mitigating  circumstances  can  be 
proved. 

Mutual  injury  is  considered  a  compensation,  so  that  neither 
party  can  ask  for  reparation,  unless  one  party  deserves  con- 
demnation on  account  of  having  done  greater  injury  to  the 
other,  in  which  case  the  penalty  is  to  be  milder  than  in  a  case 
where  there  was  no  mutual  injury.  (Canon  2218.) 

1503.  In  penalties  the  milder  interpretation  is  to  be  applied. 
If  it  is  doubtful  whether  a  penalty  inflicted  by  a  superior 

is  just,  the  punishment  must  nevertheless  be  accepted,  both  for 
the  internal  and  the  external  forum,  except  in  cases  of  appeal  in 
suspensive. 

Penalties  are  not  to  be  extended  from  person  to  person,  or 
from  case  to  case,  though  there  is  the  same  or  even  a  greater 
reason,  unless  several  persons  participated  in  a  crime  in  a  man- 
ner that  each  one's  cooperation  was  necessary  to  accomplish  the 
crime  (cf.  Canons  2231  and  2209,  §§  1-3).  (Canon  2219.) 

TITLE  V. 
Superiors  Having  Coercive  Power. 

1504.  Superiors  who  have  the  power  to  make  laws  or 
impose  precepts,  can  also  attach  penalties  to  the  law  or  precept. 
Persons  who  possess  judicial  power  only,  can  do  no  more  than 
apply  the  penalties  legally  prescribed,  in  the  manner  demanded 
by  law. 

The  vicar  general  without  a  special  mandate  has  no  power 
to  inflict  penalties.  (Canon  2220.) 

1505.  Those  who  have  legislative  power  can,  within  the 
limits  of  their  jurisdiction,  attach  a  penalty  or  increase  the  pun- 
ishment fixed  by  law,  not  only  in  their  own  and  their  predeces- 
sors' laws,  but  also,  for  reason  of  peculiar  circumstances,  in  the 
Divine  as  well  as  the  ecclesiastical  laws  of  a  higher  superior  in 
force  in  the  territory  of  the  inferior  authority.     (Canon  2221.) 
Cf.   exception  to  this  law  in  reference  to  papal   censures   in 
Canon  2247. 

1506.  Though  the  law  may  not  have  any  sanction  attached 
to  it  the  lawful  ecclesiastical  superior    can    punish    the    trans- 
gression of  the  law  with  some  just  penalty,  even  without  first 
threatening  with  punishment,  if  perhaps  scandal  was  given  or 


SUPERIORS  HAVING  COERCIVE  POWER         351 

the  special  gravity  of  the  transgression  calls  for  it.  Otherwise 
the  offender  cannot  be  punished  except  he  has  been  first  admon- 
ished and  been  threatened  with  the  penalty  of  either  la tee  or 
ferendce  sent  entice  in  case  of  transgression,  but  nevertheless  vio- 
lated the  law. 

In  a  case  where  the  perpetration  of  an  offence  is  only  prob- 
able, or  while  the  crime  is  certain  it  is  doubtful  whether  the  penal 
action  against  that  crime  has  been  prescribed  by  lapse  of  time, 
the  legitimate  superior  has  not  only  the  right,  but  also  the  duty 
not  to  promote  a  cleric  of  whose  fitness  he  is  not  certain,  and 
for  the  sake  of  avoiding  scandal,  to  prohibit  a  cleric  from  the 
exercise  of  the  sacred  ministry,  or  also  to  remove  him  from 
office,  according  to  the  norms  of  law;  but  all  this  has  not  the 
nature  of  a  penalty  in  this  case.  (Canon  2222.) 

1507.  In  the  application  of  the  penalty  the  judge  cannot 
augment  the  penalty  specified  in  law,  unless  extraordinary  aggra- 
vating circumstances  demand  it. 

If  the  law  in  stating  a  penalty  ferendce  sententia  uses  op- 
tional terms,  it  is  left  to  the  good  judgment  and  conscience  of 
the  judge  to  inflict  it,  or,  if  the  penalty  is  specified,  to  mitigate  it. 

If  the  law  uses  terms  importing  a  precept,  the  penalty  must 
ordinarily  be  inflicted,  but  it  is  left  to  the  conscience  and  good 
judgment  of  the  judge,  or  the  superior,  (1)  to  defer  the  applica- 
tion of  the  penalty  to  a  more  opportune  time,  if  by  hasty  punish- 
ment of  the  offender  greater  evils  can  be  foreseen  to  follow; 
(2)  to  abstain  from  inflicting  the  penalty  if  the  offender  has 
amended  entirely,  and  has  repaired  the  scandal,  or  has  been,  or 
will  be,  sufficiently  punished  by  the  penalties  decred  by  the  law 
of  the  civil  authority;  (3)  to  mitigate  the  specified  penalty,  or 
in  its  place  to  employ  one  of  the  penal  remedies,  or  to  impose 
some  penance,  if  there  is  a  circumstance  which  notably  dimin- 
ishes the  guilt,  or,  though  the  offender  has  either  amended  or 
has  been  punished  by  civil  authority,  the  judge  or  the  superior 
do  nevertheless  think  it  proper  to  impose  some  mild  punishment. 

As  a  rule,  it  is  left  to  the  good  judgment  of  the  superior  to 
declare  a  penalty  latce  sententia;  but,  either  at  the  instance  of 
the  party  interested,  or  when  the  public  weal  demands  it,  the 
declaratory  sentence  must  be  issued.  (Canon  2223.) 

1508.  Generally  speaking  there  are  as  many  penalties  as 
there  are  offences. 


352  THE  NEW  CANON  LAW 

If,  however,  on  account  of  the  great  number  of  offences 
there  would  be  too  great  an  accumulation  of  penalties  to  be 
inflicted,  it  is  left  to  the  good  judgment  of  the  judge  either  to 
impose  the  severest  of  the  penalties,  together  with  some  penance 
or  penal  remedy,  or  to  moderate  the  penalties  within  the  limits 
of  equity  and  with  due  regard  to  the  number  and  gravity  of  the 
offences. 

If  there  is  a  penalty  fixed  for  the  attempted  crime  as  well 
as  for  the  consummated  crime,  and  the  crime  has  been  accom- 
plished, the  penalty  for  consummated  crime  only  should  be 
imposed.  (Canon  2224.) 

1509.  If  the  declaration  or  infliction  of  the  penalty  is 
pronounced  by  judicial  sentence,  the  laws  of  the  Canons  in  refer- 
ence to  the  pronouncement  of  judicial  sentences  are  to  be  ob- 
served;   if,    however,    the   penalty   of    either   lata   or   ferenda 
sententice  is  inflicted  by  way  of  special  precept,  the  declaration 
or  infliction  of  the  penalty  should  ordinarily  be  done  either  in 
writing  or  in  the  presence  of  two  witnesses;  Canon  2193  is  also 
to  be  observed.     (Canon  2225.) 

TITLE  VI. 
Persons  Subject  to  the  Coercive  Power. 

1510.  Persons  held  to  a  law  or  precept  to  which  a  penalty 
is  attached,  are  subject  to  the  penalty,  unless  they  are  explicitly 
excepted. 

Though  a  more  recent  penal  law  abrogates  a  former  law, 
the  milder  of  the  two  penalties  is  to  be  imposed  in  the  case 
where  the  offence  had  already  been  committed  when  the  more 
recent  law  was  enacted. 

If  the  more  recent  law  abolishes  either  the  former  law  itself 
or  only  the  penalty  attached  to  it,  the  penalty  ceases  immediately 
though  the  law  had  been  violated  while  the  penalty  was  still  in 
force;  a  censure,  however,  which  had  been  incurred  does  not 
cease  with  the  change  of  the  law,  but  requires  absolution. 

The  penalty  binds  the  offender  everywhere,  and  also  after 
the  superior  inflicting  the  same  has  passed  out  of  office,  unless 
the  contrary  is  explicitly  stated.  (Canon  2226.) 

1511.  The   Roman  Pontiff   only  can  declare  a  penalty 
against,  or  inflict  it  on,  the  persons  mentioned  in  Canon  1557, 


SUBJECTS  TO  THE  COERCIVE  POWER          353 

§  1,  namely,  the  supreme  heads  of  nations  and  their  children, 
Cardinals,  Legates  of  the  Holy  See  and  bishops  in  criminal  cases. 
Cardinals  do  not  incur  penalties  unless  they  are  explicitly 
mentioned,  and  the  same  applies  to  bishops  in  reference  to  sus- 
pensions and  interdicts  lata;  sententia.  (Canon  2227.) 

1512.  The  penalty  attached  to  a  law  is  not  incurred  unless 
the  offence  committed  is  complete  in  its  kind,  according  to  the 
proper  meaning  of  the  terms  of  the  law.     (Canon  2228.) 

1513.  Affected   ignorance  of   either  the  law,   or  of   its 
penalty  only,  does  not  excuse  from  any  penalties  lata  sentential, 
though  the  law  contains  the  terms  mentioned  in  the  following 
paragraph. 

If  the  law  has  these  words:  prccsumpserit,  aus'us  fuerit, 
scienter,  studiose,  temerarie,  consulto  egerit,  and  other  sim- 
ilar terms  which  demand  full  knowledge  and  deliberation,  any 
diminution  of  responsibility,  either  on  the  part  of  the  intellect 
or  on  the  part  of  the  will,  exempt  from  the  penalties  la tee 
sententice. 

If  the  law  does  not  have  these  terms : 

1.  the  ignorantia  crassa  vel  supina  of  the  law,  or  of  the 
penalty  only,  does  not  exempt  from  any  penalty  laics  sententicz; 
if  it  is  not  crassa  or  supina,  it  excuses  from  the  so-called  correc- 
tive penalties  or  censures,  not,  however,  from  the  punitive  penal- 
ties lata>  senleniia  (Cf.  Canon  2202)  ; 

2.  drunkenness,   omission   of   due   diligence,   debility   of 
mind,  impulse  of  passion,  to  a  degree  that  diminishes  the  respon- 
sibility, but  not  enough  to  excuse  from  mortal  sin,  do  not  exempt 
from  incurring  penalties  latac  sententiae; 

3.  grave  fear  does  not  by  any  means  excuse  from  penal- 
ties latae  sententiae,  if  the  offence  tends  to  contempt  of  the  faith, 
or  of  the  ecclesiastical  authority,   or. to  public  injury  of  the 
spiritual  welfare  of  the  faithful. 

Though  the  offender  is  excused  from  the  penalty  by  reason 
of  ignorance  which  was  not  crassa  or  supina,  he  may  neverthe- 
less, if  the  case  demands  it,  be  punished  with  some  other  appro- 
priate penalty  or  penance.  (Canon  2229.) 

1514.  Children  who  have  not  attained  the  age  of  puberty 
are  excused  from  the  penalties  latae  sententiae,  and  they  should 
be  punished  with  disciplinary  chastisement  rather  than  by  cen- 
sures and  other  more  serious,  punitive  penalties.     Adults  who 


354  THE  NEW  CANON  LAW 

induced  a  child  to  break  a  law,  or  who  cooperated  with  one 
in  the  offence  in  the  manner  described  in  Canon  2209,  §§  1-3, 
shall  incur  the  penalty  fixed  by  law.  (Canon  2230.) 

1515.  If  several  persons  concurred  in  the  perpetration  of 
a  crime,  though  the  law  speaks  of  only  one  person,  all  the  co- 
operators  mentioned  in  Canon  2209,  §§  1-3,  shall  be  held  to  the 
same  penalty,  unless  the  law  explicitly  states  the  contrary ;  other 
cooperators,  however,  shall  not  incur  the  same  penalty,  but  shall 
be  punished  by  some  other  just  penalty,  according  to  the  good 
judgment  of  the  superior,   unless  the  law  provides  a  special 
penalty  for  them.     (Canon  2231.) 

1516.  The  penalty  latae  sententiae,  whether  corrective  or 
punitive,  ipso  facto  binds  the  offender  who  is  conscious  of  his 
offence,  both  in  the  external  and  internal  forum;  before  a  de- 
claratory sentence  has  been  issued  against  the  offender  he  is 
excused  from  the  observance  of  the  penalty  whenever  he  cannot 
observe  it  without  loss  of  good  repute,  and  in  the  external  forum 
observance  of  the  penalty  cannot  be  demanded  of  the  offender 
by  any  one  unless  the  offence  is  notorious.    It  is  left  to  the  good 
judgment  of  the  superior  to  issue  the  declaration  that  an  offender 
has  incurred  the  penalty  specified  in  law;  if  the  public  welfare 
demands  the  declaration,  or  the  offender  is  accused  by  the  party 
who  suffered  from  the  offence,  the  superior  or  judge  are  obliged 
to  issue  the  declaration. 

By  the  declaratory  sentence  the  penalty  takes  effect  from 
the  very  moment  in  which  the  offence  was  committed.  (Canon 
2232.) 

1517.  No  penalty  can  be  inflicted  unless  it  is  certain  that 
the  offence  was  committed,  and  that  legitimate  prescription  has 
not  entered  against  it. 

Though  this  be  certain,  a  censure  should  not  be  inflicted 
on  the  offender  at  once,  but  he  should  be  reprimanded  and  ad- 
monished to  recede  from  his  obstinacy,  in  the  form  prescribed 
by  Canon  2242,  §  3,  if  the  case  in  the  good  judgment  of  the 
superior  or  the  judge  allows  delay,  and  an  appropriate  space  of 
time  should  be  fixed  for  his  repentance;  if  he  remains  obstinate, 
a  censure  may  be  inflicted.  (Canon  2233.) 

1518.  He  who  has  committed  several  offences  shall  not 
only  be  punished  more  severely,  but  may  also,  if  the  judge  thinks 


PARDON  OF  PENALTIES  355 

this  necessary,  be  subjected  to  surveillance  or  other  penal  remedy. 
(Canon  2234.) 

1519.  Frustrated  and  attempted  crime,  unless  punished  in 
law  as  distinct  offences,  may  be  punished  with  some  suitable  pen- 
alty in  proportion  to  the  amount  of  guilt;  Canon  2213,  §  3,  ex- 
plains the  case  in  which  no  penalty  is  to  be  inflicted  on  attempted 
crime.    (Canon  2235.) 

TITLE  VII. 

Pardon  of  Penalties. 

1520.  The  pardon   from   penalties,   either  by  absolution 
when  there  is  question  of  censures,  or  by  dispensation  if  they 
are  punitive  punishments,   can  be  granted  only  by  him  who 
imposed  the  penalty  or  his  competent  superior,  or  successor,  or  a 
person  with  delegated  faculty. 

He  who  can  grant  exemption  from  the  law,  can  also  pardon 
from  the  penalty  attached  to  the  law. 

The  judge  who,  in  virtue  of  his  office  applies  a  penalty  which 
has  been  established  by  the  superior,  cannot  pardon  from  the 
penalty  after  he  has  imposed  it.  (Canon  2236.) 

1521.  In  public  cases  the  Ordinary  can  remit  the  penalties 
latae  sententiae  of  the  common  law  with  the  exception  (1)  of 
cases  brought  to  court  for  trial;  (2)  of  censures  reserved  to  the 
Holy  See;    (3)   of  penalties  importing  inhability  to  benefices, 
offices,  dignities,  positions  in  the  Church,  active  and  passive  vote, 
and  privation  of  them,  perpetual  suspension,  infamy  of  law,  pri- 
vation of  the  right  of  patronage  and  of  a  privilege  or  favor  which 
had  been  conceded  by  the  Apostolic  See. 

In  occult  cases,  besides  the  faculties  given  under  certain 
circumstances  to  every  priest  by  Canons  2254  and  2290,  the 
Ordinary  can  pardon  from  the  penalties  latae  sententiae  of  the 
common  law,  and  delegate  to  others  the  same  power ;  he  may  not, 
however,  absolve  from  a  censure  reserved  to  the  Holy  See  spe- 
cialissimo  or  speciali  modo.  (Canon  2237.) 

1522.  A  pardon  from  penalty  which  has  been  extorted  by 
violence  or  grave  fear  is  invalid  by  law.     (Canon  2238.) 

1523.  A  pardon  from  penalties  may  be  granted  to  one  who 
is  present  as  well  as  absent,  the  pardon  may  be  absolute  or  con- 
ditional,  for  the  external   forum  or  for  the  internal  only;  if 


356  THE  NEW  CANON  LAW 

granted  in  the  external  forum,  it  is  valid  also  in  the  internal, 
but  the  pardon  in  the  internal  forum  does  not  per  se  hold  in  the 
external  forum. 

Though  a  penalty  may  be  remitted  orally,  it  is  nevertheless 
proper  to  grant  pardon  in  writing,  if  the  penalty  was  inflicted  by 
written  order.  (Canon  2239.) 

1524.  In  reference  to  the  prescription  of  penal  actions, 
Canon  1703  is  to  be  observed,  which  Canon  ordains  that,  with 
the  exception  of  cases  subject  to  the  jurisdiction  of  the  Holy 
Office,  the  time  for  instituting  criminal  action  against  an  offender 
is  limited  to  three  years  unless  there  is  question:  (1)  of  injuries, 
which  action  expires  within  one  year;  (2)  of  offences  against 
the  Sixth  and  Seventh  Commandments  of  the  decalogue,  which 
expire  within  five  years;   (3)   of  simony  and  homicide  which 
expire  after  ten  years.     (Canon  2240.) 

SECTION  II. 
PENALTIES  IN  PARTICULAR. 

TITLE  VIII. 

Corrective  Penalties  or  Censures. 

CHAPTER  I. 
Censures  in  General. 

1525.  A  censure  is  a  penalty  by  which  a  subject  (by  Bap- 
tism) of  the  Church  is  deprived  of  some  spiritual  benefits,  or 
of  benefits  connected  with  matters  spiritual,  because  of  obstinate 
violation  of  some  law  of  the  Church,  until  such  time  as  he  re- 
pents and  obtains  absolution. 

Censures,  and  especially  excommunication,  incurred  by  the 
very  commission  of  a  crime  (latae  sententiae),  should  be  in- 
flicted rarely  and  with  great  prudence.  (Canon  2241.) 

1526.  Only  those  external  criminal  actions  that  are  mortal 
sins,  complete,  and  committed  with  obstinacy,  should  be  pun- 
ished by  censures.     A  censure  may  be  visited  also  on  delinquents 
whose  identity  is  unknown. 

When  there  is  question  of  censures  ferendae  sententiae,  a 
person  is  considered  contumacious  who  does  not  desist  from  the 


CENSURES  IN  GENERAL 

crime,  or  refuses  to  do  penance  and  to  repair  the  injury  done,  or 
the  scandal  given,  by  the  crime,  after  having  received  the  canon- 
ical admonitions  described  in  Canon  2233,  §  2.  A  censure  latae 
sententiae  is  incurred  by  the  very  transgression  of  the  law  or 
precept  to  which  the  censure  is  attached,  unless  the  guilty  person 
is  excused  from  the  penalty  by  a  reason  admitted  in  law. 

A  person  is  considered  to  have  ceased  to  be  contumacious 
when  he  has  sincerely  repented  of  his  crime,  and  has  made  con- 
dign satisfaction  for  the  injury  and  scandal  caused,  or  has  at 
least  earnestly  promised  to  do  so.  Judgment  as  to  the  sincerity 
of  the  repentance,  or  the  sufficiency  of  the  satisfaction,  or  the 
sincerity  of  the  promise,  rests  with  the  one  from  whom  absolu- 
tion is  asked.  (Canon  2242.) 

1527.  Censures  inflicted  by  a  sentence  in  court  import  their 
execution  as  soon  as  they  have  been  pronounced,  and  an  appeal 
in  devolutivo  only  is  granted;  likewise  from  censures  inflicted 
by  way  of  precept  appeal  in  devolutivo  only  is  permitted.     In  both 
cases,  therefore,  the  censured  cleric  must  conform  to  the  censure 
during  the  time  in  which  he  has  recourse  to  a  higher  superior. 

Appeal  or  recourse  from  the  judicial  sentence,  or  from  a 
precept  which  threatens  censures  latae  sententiae,  but  which  have 
not  yet  been  contracted,  does  not  suspend  either  the  sentence  or 
precept,  nor  the  censures,  if  there  is  question  of  matters  in  which 
the  law  does  not  admit  appeal  or  recourse  with  suspensive  effect ; 
if  the  law  grants  appeal  in  suspensive,  the  censures  threatened 
by  the  court,  or  the  precept  of  the  superior,  are  suspended,  but 
the  obligation  remains  to  observe  what  has  been  commanded  by 
the  court  or  the  precept,  unless  the  offender  interposes  appeal 
or  recourse  not  only  from  the  penalty  but  from  the  very  sentence 
or  precept.  (Canon  2243.) 

1528.  Censures  may  be  multiplied  in  one  and  the  same 
subject,  not  only  such  of  different  species  but  also  of  the  same 
species. 

Censures  latae  sententiae  are  multiplied  in  the  following 
manner:  (1)  if  various  crimes,  to  each  of  which  a  censure  is 
attached,  arc  committed,  either  by  the  same  or  by  distinct  actions ; 

(2)  if  the  same  crime  to  which  a  censure  is  attached  is  committed 
repeatedly,  in  such  manner  that  there  are  several  distinct  crimes ; 

(3)  if  the  same  crime  is  punished  with  different  censures  by  sev- 
eral superiors,  and  is  committed  once  or  repeatedly. 

A  censure  inflicted  ab  homine  is  multiplied  if  there  are  sev- 


358  THE  NEW  CANON  LAW 

eral  precepts,  or  several  sentences,  or  various  distinct  parts  to  the 
same  precept  or  sentence,  to  each  of  which  a  censure  is  attached. 
(Canon  2244.) 

1529.  Some  censures  are  reserved  and  others  are  not. 

A  censure  inflicted  ab  ho  mine,  that  is,  by  precept  of  a  superior 
or  by  sentence  in  an  ecclesiastical  court,  is  reserved  to  the  one 
imposing  the  censure  or  giving  the  sentence,  or  to  his  superior,  his 
successor  in  office,  or  his  delegate.  Among  the  censures  reserved 
a  jure,  that  is  by  law,  some  are  reserved  to  the  Ordinary,  others 
to  the  Holy  See. 

Those  reserved  to  the  Holy  See  are  subdivided  into  three 
classes,  simpliciter,  speciali,  and  specialissimo  modo  reserved. 

A  censure  incurred  by  the  very  fact  of  committing  a  crime 
(latae  sententiae)  is  not  reserved,  unless  the  law  or  the  precept 
explicitly  states  that  it  is.  In  case  of  doubt  concerning  the  law 
itself  (dubium  juris}  as  well  as  in  a  doubt  about  the  fact  (dubium 
facti)  the  reservation  does  not  hold.  (Canon  2245.) 

1530.  A  censure  should  not  be  reserved  unless  the  peculiar 
gravity  of  the  crime,  and  the  necessity  of  maintaining  ecclesiasti- 
cal discipline  and  the  morals  of  the  faithful,  demand  the  reserva- 
tion. 

Reservation  is  to  be  interpreted  strictly. 

The  reservation  of  a  censure  which  prevents  the  reception 
of  the  Sacraments — as,  for  instance,  excommunication — implies 
the  reservation  of  the  sin,  to  which  the  censure  is  attached.  If  a 
person,  however,  is  excused  from  the  censure,  or  has  been  ab- 
solved from  it  outside  confession,  by  a  superior  having  jurisdic- 
tion in  the  external  forum,  the  reservation  of  the  sin  ceases  alto- 
gether. (Canon  2246.) 

1531.  If  the  censure  is  reserved  to  the  Holy  See,  the  Ordi- 
nary cannot  attach  to  the  same  crime  another  censure,  reserved 
to  himself. 

Reservation  of  a  censure  in  some  particular  territory  does 
not  have  any  force  outside  the  limits  of  that  territory,  even  if 
the  person  who  incurred  the  censure  goes  outside  the  territory 
precisely  for  the  purpose  of  obtaining  absolution.  The  censure 
ab  homine,  however,  is  reserved  everywhere,  so  that  the  censured 
person  cannot  be  absolved  anywhere  without  due  faculties. 

If  the  confessor,  in  ignorance  of  the  reservation,  has  ab- 


CENSURES  IN  GENERAL  359 

solved  a  penitent  from  the  censure  and  the  sin,  the  absolution 
from  the  censure  is  valid  except  in  the  case  of  censures  reserved 
to  the  Holy  See  specialissimo  modo,  and  of  censures  imposed  by 
a  precept  of  a  superior,  or  by  a  sentence  in  an  ecclesiastical  court. 
(Canon  2247.) 

1532.  Any  censure  once  contracted  cannot  be  removed  ex- 
cept by  legitimate  absolution. 

Absolution  should  not  be  denied  whenever  the  offender 
ceases  to  be  obstinate,  as  explained  in  Canon  2242,  §  3 ;  the  one 
who  absolves  from  the  censure  may,  if  the  case  demands  it, 
impose  an  appropriate  punitive  penalty,  or  a  penance,  for  the 
crime  which  had  been  committed. 

If  a  censure  has  been  removed  by  absolution,  it  does  not 
revive  except  in  a  case  where  the  penance  or  other  obligation 
that  had  been  imposed  under  express  condition  of  relapse  into 
the  censure,  has  not  been  performed.  (Canon  2248.) 

1533.  If  a  person  has  incurred  several  censures,  he  may 
be  absolved  from  one  while  the  others  remain. 

He  who  asks  for  absolution  must  indicate  all  cases  from 
which  he  wants  to  be  absolved,  otherwise  the  absolution  is  valid 
only  for  the  case  he  mentioned;  if,  however,  the  absolution  was 
general,  even  though  the  petition  referred  to  one  particular  case 
only,  it  is  valid  also  for  those  cases  which  were  concealed  in  good 
faith,  with  the  exception  of  censures  reserved  to  the  Holy  See 
specialissimo  modo,  but  it  does  not  avail  for  those  concealed  in 
bad  faith.  (Canon  2249.) 

1534.  In  a  censure  that  does  not  forbid  the  reception  of 
the  Sacraments — as,   for  example,  suspension — the  person,  if 
otherwise  well  disposed,  can  be  absolved  from  the  sin  while  the 
censure  remains. 

If  there  is  question,  however,  of  a  censure  which  forbids 
the  reception  of  the  Sacraments,  the  censured  person  cannot  be 
absolved  from  the  sins  until  he  has  first  been  absolved  from  the 
censure. 

The  absolution  from  censure  in  the  Sacramental  forum  is 
included  in  the  usual  form  prescribed  in  the  ritualistic  books  for 
the  absolution  from  sins ;  in  the  non-Sacramental  forum  absolu- 
tion from  a  censure  may  be  given  in  any  form,  but  for  the 
absolution  from  excommunication  it  is  appropriate  to  use,  as  a 
rule,  the  formula  contained  in  those  same  books.  (Canon  2250.) 


360  THE  NEW  CANON  LAW 

1535.  If  the  absolution  from  a  censure  is  given  in  the 
external  forum,  it  holds  good  for  both  the  external  and  the  inter- 
nal forum;  if  it  was  given  in  the  internal  forum  the  person  who 
obtained  such  absolution  may,  if  scandal  is  removed,  conduct 
himself  also  in  actions  of  the  external  forum  as  absolved,  but, 
unless  the  absolution  is  proved  in  the  external  forum  or  lawfully 
presumed,  the  censure  may  be  urged  by  the  superior  having 
jurisdiction  in  the  external   forum  until  absolution  has  been 
granted  in  the  external  forum,  and  the  censured  person  must 
obey.     (Canon  2251.) 

1536.  In  danger  of  death  any  priest  can  absolve  from  all 
censures;  but  in  two  of  these,  namely,  those  reserved  to  the 
Holy  See  specialissimo  modo,  and  those  imposed  by  precept  or 
by  sentence  in  an  ecclesiastical  court,  the  person  after  recovery 
is  bound  to  have  recourse  for  the  imposition  of  a  penance  to  the 
S.  Penitentiary,  or  to  the  bishop,  or  some  one  else  having  facul- 
ties to  absolve  from  censures  reserved  to  the  Holy  See  specialis- 
simo modo,  and,  in  case  of  censures  by  precept  or  sentence,  to 
the  authority  that  imposed  the  precept  or  gave  the  sentence.    If 
the  convalescent  neglects  this  obligation  he  falls  again  under  the 
same  censure.     (Canon  2252.) 

1537.  Outside  the  case  of  danger  of  death  the  power  to 
absolve  from  censures  is  regulated  as  follows : 

1.  from  a  censure  which  is  not  reserved,  every  priest  may 
absolve  in  the  Sacramental   forum;  outside  Sacramental  con- 
fession the  power  to  absolve  is  limited  to  those  persons  who  have 
jurisdiction  over  the  offender  in  the  external  forum; 

2.  from  a  censure  ab  homine  may  absolve  he  who  imposed 
the  censure,  his  superior  and  his  successor  in  office,  and  he  may 
give  this  absolution  even  if  the  offender  has  since  transferred  his 
domicile  or  quasi-domicile  outside  the  territory  of  jurisdiction 
of  the  one  who  inflicted  the  censure ; 

3.  from  a  censure  reserved  a  jure  can  absolve  he  who 
ordained  the  censure,  or  he  to  whom  it  is  reserved,  and  their 
successors  in  office,  their  competent  superiors,  or  their  delegates. 
Wherefore,  from  a  censure  reserved  to  the  bishop  or  Ordinary, 
any  superior  having  ordinary  jurisdiction  in  the  external  forum 
can  absolve  his  subjects,  and   the   local    Ordinary   can   absolve 
within  his  territory  also  the  transients.    From  a  censure  reserved 
to  the  Holy  See  can  absolve  the  Holy  See  and  others  who  have 
obtained  from  that  authority  the  faculty  to  absolve,  which  is 


CENSURES  IN  GENERAL  361 

called  general  if  given  for  censures  reserved  to  the  Holy  See  sim- 
plidter;  special  if  given  for  cases  reserved  spedali  modo;  and 
most  special  if  for  cases  reserved  specialissimo  modo.  The  spe- 
cial concession  for  more  urgent  cases  is  explained  in  the  following 
Canon.  (Canon  2253.) 

1538.  In  cases  where  the  censure  latae  sententiae,  into 
which  one  has  fallen,  cannot  be  suffered  without  great  danger 
of  scandal  or  loss  of  good  reputation,  or  when  it  is  hard  for  the 
penitent  to  remain  in  sin  until  the  faculty  to  absolve  can  be 
obtained  from  the  superior,  any  confessor  can  in  Sacramental 
confession  absolve  from  any  censure,  no  matter  in  what  manner 
it  is  reserved ;  but  he  must  impose  the  obligation  on  the  penitent 
to  have  recourse  within  one  month  to  the  S.  Penitentiary,  or  to 
a  bishop,  or  another  person  having  faculties  from  the  Holy  See 
for* the  mandata,  i.  e.  a  penance  that  will  be  imposed  on  him;  the 
recourse  may  be  made  either  personally  by  the  penitent,  or,  at 
least,  by  letter  sent  through  the  confessor  without  mentioning 
the  name  of  the  penitent,  which  recourse  is  obligatory  when  it 
is  possible  without  great  inconvenience. 

The  penitent  is  not  forbidden,  after  having  received  absolu- 
tion in  the  manner  just  described,  and  even  after  recourse  has 
been  made  by  letter,  to  go  to  confession  to  another  confessor 
who  has  delegated  faculty  to  absolve,  and  having  again  confessed 
at  least  the  sin  to  which  the  censure  is  attached  obtain  absolu- 
tion; after  this  absolution  the  confessor  shall  give  the  mandata 
and  the  penitent  shall  not  be  obliged  to  the  other  mandata  which 
will  be  issued  by  the  superior  in  answer  to  the  recourse. 

If  in  some  extraordinary  case  this  recourse  should  be,  mo- 
rally speaking,  impossible,  the  confessor  may  absolve  without  the 
obligation  of  recourse  and  impose,  in  addition  to  the  ordinary 
appropriate  penance,  a  special  satisfaction  for  the  censure,  which 
he  shall  demand  to  be  performed  within  a  specified  period  of 
time ;  if  the  penitent  neglects  within  the  specified  period  of  time  to 
perform  the  penance  and  satisfaction  imposed  for  the  censure,  he 
shall  again  fall  into  it.  (Canon  2254.) 

CHAPTER  II. 

Censures  in  Particular. 

1539.  There  are  three  censures:  (1)  excommunication; 
(2)  interdict;  (3)  suspension. 


362  THE  NEW  CANON  LAW 

Excommuhication  can  fall  only  on  a  physical  person,  and 
therefore,  if  it  is  sometimes  imposed  on  a  moral  body  or  com- 
munity, it  is  understood  to  affect  only  the  individuals  who  co- 
operated in  the  offence.  Both,  interdict  and  suspension  may  be 
imposed  also  on  a  community  as  a  legal  person;  excommunica- 
tion and  interdict  affect  also  lay  persons,  suspension  is  a  penalty 
for  clerics  only ;  an  interdict  may  affect  also  a  place.  An  excom- 
munication is  always  a  censure,  interdict  and  suspension  may  be 
either  censures  or  punitive  penalties,  but  in  case  of  doubt  they 
are  considered  censures.  (Canon  2255.) 

1540.  In  the  following  Canons  it  is  to  be  observed  that: 

1.  by  the  term  of  Divine  offices  are  meant  the  functions  of 
the  power  of  orders,  which  by  the  institution  of  Christ  or  of  the 
Church  are  ordained  for  Divine  worship  and  may  be  exercised 
only  by  the  clergy ; 

2.  by  the  term  of  legal  ecclesiastical  actions  are  under- 
stood: the  office  of  administrator  of  ecclesiastical  goods;  to  act 
as  judge,  auditor,  relator,  dcfensor  vinculi,  promotor  of  justice 
and  of  faith,  notary,  chancellor,  cursor,  apparitor,  lawyer  and 
procurator  in  ecclesiastical  cases;  the  office  of  God-parents  or 
sponsors  in  the  Sacraments  of  Baptism  and  Confirmation;  the 
right  to  vote  in  ecclesiastical  elections ;  the  exercise  of  the  rights 
of  patronage.     (Canon  2256.) 

Article  I.    Excommunication. 

1541.  Excommunication  is  a  censure  by  which  a  person  is 
excluded  from  communion  with  the  faithful,  with  the  effects 
enumerated  in  the  following  Canons  and  which  cannot  be  sepa- 
rated one  from  the  other. 

Excommunication  is  also  called  anathema,  especially  when 
inflicted  with  the  formalities  described  in  the  Pontificale  Roma- 
num.  (Canon  2257.) 

1542.  The  excommunicated  persons  may  be  either  excom- 
municati  vitandi,  or  tolerati. 

No  one  is  considered  a  vitandus  unless  he  has  been  excom- 
municated by  name  by  the  Holy  See,  has  been  publicly  denounced 
as  such,  and  explicitly  declared  a  vitandus  in  the  decree  or  cano- 
nical sentence.  He  who  lays  violent  hands  on  the  Roman  Pontiff 
becomes  by  this  very  deed  an  excommunicatus  vitandus,  accord- 
ing to  Canon  2343,  §  1,  n.  1.  (Canon  2258.) 


EXCOMMUNICATION  363 

1543.  Every  excommunicated  person  is  deprived  of  the 
right  to  assist  at  Divine  offices,  but  he  may  be  present  at  sermons. 

If  an  excommunicatus  toleratus  passively  assists  at  Divine 
services,  he  need  not  be  expelled,  but  a  vitandus  must  be  re- 
moved; if  this  cannot  be  done  the  Divine  services  must  be 
stopped  if  it  can  be  done  without  great  inconvenience.  From 
active  participation  in  Divine  services  must  even  be  excluded  the 
excommunicatus  toleratus  whose  excommunication  is  publicly 
known  or  who  has  been  excommunicated  in  an  ecclesiastical  court 
by  a  declaratory  or  condemnatory  sentence.  (Canon  2259.) 

1544.  Every  excommunicated  person  is  forbidden  to  re- 
ceive the  Sacraments;  after  a  declaratory  or  condemnatory  sen- 
tence he  cannot  even  make  proper  use  of  the  sacramentals  of  the 
Church. 

In  reference  to  ecclesiastical  burial  the  law  of  Canon  1240, 
§  1 ,  n.  2,  shall  be  observed,  which  forbids  to  give  such  burial  to 
persons  excommunicated  and  interdicted  by  a  declaratory  or  con- 
demnatory sentence  in  an  ecclesiastical  court.  ( Canon  2260. ) 

1545.  An  excommunicated  priest  is  forbidden  to  celebrate 
Holy  Mass  and  to  administer  the  Sacraments  and  sacramentals, 
with  the  following  exceptions : 

The  faithful  may,  saving  the  exceptions  in  the  following 
paragraph,  ask  for  any  good  reason  an  excommunicated  priest 
for  the  Sacraments  and  sacrumentals,  above  all  when  there  are 
no  other  ministers,  in  which  case  the  excommunicated  priest  who 
is  asked  to  administer  the  Sacraments  may  do  so,  and  he  is  not 
obliged  to  inquire  for  the  reason  why  he  was  requested. 

From  an  excommunicatus  vitandus  as  well  as  from  another 
excommunicated  priest  whose  excommunication  was  pronounced 
in  the  ecclesiastical  court  by  either  condemnatory  or  declaratory 
sentence,  the  faithful  may  only  in  danger  of  death  ask  for  sacra- 
mental absolution,  in  accordance  with  Canons  882  and  2252,  and 
also,  if  there  are  no  other  ministers  present,  for  the  other  Sacra- 
ments and  sacramentals.  (Canon  2261.) 

1546.  An  excommunicated  person  is  deprived  of  the  indul- 
gences, suffrages  and  public  prayers  of  the  Church. 

But  it  is  not  forbidden  (1)  that  the  faithful  pray  for  him 
privately;  (2)  that  the  priests  privately  apply  Holy  Mass  for 
him,  provided  scandal  is  avoided;  for  an  excommunicatus  vitan- 


364  THE  NEW  CANON  LAW 

dus  Holy  Mass  may  be  applied  for  his  conversion  only.     (Canon 
2262.) 

1547.  An  excommunicated  person  is  excluded  from  legal 
ecclesiastical  actions  within  the  limits  specified  in  the  various 
places  in  law;  he  cannot  act  in  ecclesiastical  courts  except  in  as 
far  as  Canon  1654  permits,  which  Canon  ordains  that  an  excom- 
municatus  vitandus,  or  one  whose  excommunication  has  been  in- 
flicted by  condemnatory  or  declaratory  sentence,  shall  personally 
be  allowed  to  act  in  court  only  for  the  purpose  to  attack  the  jus- 
tice and  legitimacy  of  the  excommunication;  by  proxy  they  may 
act  to  avert  any  other  spiritual  damage ;  in  all  other  cases  they  are 
forbidden  to  act.     All  other  excommunicated  persons  are  gen- 
erally allowed  to  act  in  court.     (Canon  2263.) 

1548.  Acts  of  jurisdiction,  both  of  the  external  and  the  in- 
ternal forum,  exercised  by  an  excommunicated  person  are  un- 
lawful; if  the  excommunication  has  been  pronounced  by  condem- 
natory or  declaratory  sentence  these  acts  of  jurisdiction  are  in- 
valid, saving  the  exception  of  Canon  2261,  §  3,  namely  if  asked 
to  administer  the  Sacraments  in  danger  of  death ;  otherwise  they 
are  valid  and  even  licit,  namely  when  requested  by  the  faithful 
in  accordance  with  the  regulations  of  Canon  2261,  §  2,    (Canon 
2264.) 

1549.  Every  excommunicated  person 

1.  is  forbidden  to  exercise  the  rights  of  election,  presenta- 
tion, nomination; 

2.  cannot  acquire  dignities,  offices,  benefices,  ecclesiastical 
pensions,  nor  any  other  offices  in  the  Church ; 

3.  cannot  be  promoted  to  orders. 

An  act  done  against  the  rule  of  nn.  1  and  2,  is  not  invalid, 
unless  the  acting  party  be  an  excommunicatus  vitandus,  or  was 
excommunicated  by  condemnatory  or  declaratory  sentence;  if 
such  sentence  has  been  pronounced  the  excommunicated  person 
cannot,  moreover,  validly  obtain  any  papal  favor,  unless  mention 
is  made  of  the  excommunication  in  the  Pontifical  rescript. 
(Canon  2265.) 

1550.  After  a  condemnatory  or  declaratory  sentence  the 
excommunicated  person  remains  deprived  of  the  fruits  of  the 
dignity,  office,  benefice,  pension,  position,  which  he  has  in  the 
Church;  the  excommunicatus  vitandus  is  deprived  of  the  very 
dignity,  office,  benefice,  pension,  position.     (Canon  2266.) 


INTERDICT  365 

1551.  The  faithful  are  obliged  to  avoid  intercourse  even 
in  secular  affairs  with  an  excommunicatus  vitandus,  except  hus- 
band or  wife,  parents,  children,  servants,  subjects,  and  in  general 
all  who  have  a  reasonable  cause  for  dealing  with  such  excommu- 
nicated persons.     (Canon  2267.) 

Article  II.    Interdict. 

1552.  The  interdict  is  a  censure  by  which  the  faithful, 
though  remaining  in  communion  with  the  Church,  are  forbidden 
those  sacred  functions  which  are  enumerated  in  the  following 
Canons. 

The  prohibition  is  made  either  directly,  by  a  personal  inter- 
dict which  prohibits  to  the  same  persons  the  use  of  the  specified 
spiritual  benefits,  or  indirectly,  by  a  local  interdict  which  forbids 
the  administration  or  reception  of  some  Sacraments  and  sacra- 
mentals  in  certain  places.  (Canon  2268.) 

1553.  A  general  interdict,  either  local  for  the  territory  of  a 
diocese  or  a  country,  or  personal,  for  the  people  of  the  diocese 
or  country,  can  be  issued  by  the  Holy  See  only,  or  at  its  com- 
mand ;  the  bishop  may  issue  a  general  interdict  for  a  parish  or  its 
people,  and  a  particular  interdict  both  local  and  personal. 

The  personal  interdict  follows  the  persons  wherever  they 
go ;  the  local  interdict  does  not  bind  outside  the  interdicted  place, 
but  in  that  place  all  persons,  also  outsiders  and  those  exempt,  un- 
less they  have  a  special  privilege,  are  obliged  to  observe  the  inter- 
dict. (Canon  2269.) 

1554.  The  local  interdict,  whether  general  or  particular, 
does  not  forbid  the  administration  of  the  Sacraments  and  sacra- 
mentals  to  the  dying,  but  it  prohibits  in  that  place  any  Divine 
services  or  sacred  rites,  with  the  exceptions  mentioned  in  §  2  of 
this  Canon  and  in  Canons  2271  and  2272. 

On  Christmas,  Easter,  Pentecost,  Corpus  Christi,  and  the 
Assumption  of  the  Blessed  Virgin  Mary,  the  local  interdict  is 
suspended  and  only  the  conferring  of  orders  and  the  solemn 
blessing  of  marriage  are  forbidden.  (Canon  2270.) 

1555.  If  the  interdict  is  a  local  general  one  and  the  decree 
does  not  explicitly  state  the  contrary,  the  following  rules  govern : 

1.  The  clerics,  provided  they  are  not  themselves  personally 
interdicted,  are  allowed  to  hold  privately  and  behind  closed  doors 


366  THE  NEW  CANON  LAW 

Divine  services  and  sacred  functions  in  any  church  or  oratory, 
but  in  silence  and  without  ringing  of  church  bells. 

2.  In  the  cathedral  and  in  parochial  churches  and  in  any 
kind  of  a  church  which  is  the  only  one  in  a  town,  and  in  these 
churches  only,  one  Holy  Mass  is  allowed  to  be  celebrated,  fur- 
thermore there  is  allowed  the  keeping  of  the  Blessed  Sacrament, 
the  administration  of  Baptism,  of  Eucharist,  Penance,  marriage 
without  the  nuptial  blessing,  funerals  without  any  solemnity, 
blessing  of  the  baptismal  water  and  of  the  holy  oils,  preaching  of 
the  Word  of  God.  In  these  functions,  however,  singing  and  dis- 
play in  sacred  utensils  and  vestments,  ringing  of  church  bells, 
playing  of  the  organ  and  of  other  musical  instruments  is  forbid- 
den. The  holy  Viaticum  shall  be  privately  brought  to  the  sick. 
(Canon  2271.) 

1556.  In  a  local  particular  interdict,  if  a  certain  altar  or  a 
shrine  is  interdicted  in  a  church,  no  Divine  services  and  sacred 
functions  can  be  held  at  such. 

If  the  cemetery  is  interdicted,  the  bodies  of  the  faithful  may 
be  buried  there  but  without  any  ecclesiastical  rite. 

If  the  interdict  was  issued  against  a  certain  church  or  ora- 
tory: (1)  if  the  church  is  a  capitular  one  and  the  Chapter  is  not 
interdicted,  the  rule  of  Canon  2271,  n.  1,  holds  good,  unless  the 
decree  of  the  interdict  demands  that  the  conventual  Mass  and  the 
canonical  hours  be  kept  in  another  church  or  oratory;  (2)  if  it  is 
a  parochial  church,  the  law  of  Canon  2271,  n.  2,  shall  be  ob- 
served, unless  the  decree  of  the  interdict  substitutes  another 
church  for  parochial  functions  for  the  time  of  the  interdict. 
(Canon  2272.) 

1557.  If  a  city  is  placed  under  an  interdict,  also  the  sub- 
urbs are  interdicted,  not  excepting  exempt  places,  and  the  cathe- 
dral itself;  if  a  church  is  interdicted,  the  adjoining  chapels  are 
also  under  the  interdict,  not,  however,  the  cemetery;  if  a  shrine 
in  a  church  is  interdicted,  the  whole  church  is  not  interdicted,  and 
if  the  cemetery  is  interdicted,  the  church,  though  adjoining  it,  is 
not  under  the  interdict  but  all  oratories  in  the  cemetery  are  inter- 
dicted with  the  cemetery.     (Canon  2273.) 

1558.  If  a  community  or  college  has  committed  a  crime, 
the  interdict  can  be  placed  either  on  the  guilty  parties  individu- 
ally, or  on  the  community  as  such,  or  on  both,  the  community  and 
the  guilty  individuals. 


SUSPENSION  367 

If  the  first  is  done,  the  rule  of  Canon  2275  is  to  be  followed. 

If  the  second  kind  of  interdict  is  imposed,  the  community  or 
college  cannot  exercise  any  spiritual  right  proper  to  the  com- 
munity as  such. 

If  the  third  kind  of  interdict  is  issued,  it  has  the  combined 
effects.  (Canon  2274.) 

1559.  Personally  interdicted  persons: 

1.  are  not  allowed  to  celebrate  Divine  offices  nor  to  assist 
at  them,  with  the  exception  of  sermons.    If  they  assist  passively 
they  need  not  to  be  expelled,  but  if  the  interdict  was  imposed  by 
a  condemnatory  or  declaratory  sentence,  or  is  otherwise  no- 
torious, they  must  be  kept  from  active  assistance  which  imports 
any  participation  in  the  celebration  of  Divine  offices ; 

2.  they  are  forbidden  to  consecrate  and  to  administer  or 
receive  the  Sacraments  and  sacramentals,  in  the  manner  specified 
in  Canons  2260,  §  1,  and  2261 ; 

3.  interdicted  persons  are  also  subject  to  the  restrictions  of 
Canon  2265 ; 

4.  they  are  deprived  of  ecclesiastical  burial,  if  the  interdict 
has  been  imposed  by  condemnatory  or  declaratory  sentence,  as 
stated  in  Canon  1240,  §  1,  n.  2.     (Canon  2275.) 

1560.  The  person  who  is  under  a  local  interdict,  or  under 
an  interdict  of  a  community  or  college,  without  having  person- 
ally given  any  cause  for  the  same  may,  if  otherwise  free  from 
censure,  and  properly  disposed  may  receive  without  absolution 
from  the  interdict  or  any  other  satisfaction  the  Sacraments  in 
accordance  with  the  foregoing  Canons.     (Canon  2276.) 

1561.  The  interdict  db  ingressu  ecclesiae  means  the  pro- 
hibition to  celebrate  Divine  offices  in  a  church,  or  to  assist  at 
them,  or  to  be  buried  from  the  church.    If,  however,  such  person 
assists  he  need  not  be  expelled,  nor  must  his  body  be  removed  if 
he  was  buried  in  a  church.    (Canon  2277.) 

Article  III.    Suspension. 

1562.  Suspension  is  a  censure  by  which  a  cleric  is  deprived 
of  the  rights  of  his  office,  or  benefice,  or  of  both  conjointly. 

The  effects  of  suspension  may  also  be  separated  one  from 
the  other,  but  unless  the  contrary  is  evident  from  other  sources, 
suspension  imposed  in  general  includes  all  the  effects  enumerated 
in  the  Canons  of  this  Article.  Suspension  from  office  or  from 


368  THE  NEW  CANON  LAW 

benefice,  however,  imports  only  all  the  effects  of  either  species. 
(Canon  2278.) 

1563.  Suspension  from  office  simply,  without  any  addi- 
tional limitation,  forbids  not  only  any  act  of  the  power  of  orders 
and  jurisdiction,  but  also  of  mere  administration  proper  to  an 
office,  with  the  exception  only  of  the  administration  of  the  goods 
of  one's  own  benefice. 

Suspension : 

1.  from  jurisdiction  (ab  jurisdictione}  in  general  forbids 
every  act  of  the  power  of  jurisdiction,  in  either  form,  and  of 
both,  ordinary  and  delegated  jurisdiction; 

2.  a  divinis  forbids  every  act  of  the  power  of  orders  which 
one  possesses,  either  by  sacred  ordination  or  by  privilege ; 

3.  from  orders  (ab  ordinibus}  forbids  any  act  of  the  power 
of  orders  received  by  ordination  ; 

4.  From  sacred  orders  (a  sacris  ordinibus)  forbids  the  ex- 
ercise of  the  powers  of  major  orders; 

5.  from  the  exercise  of  a  certain  definite  order  (a  certo  et 
definite  or  dine  excrcendo*)  forbids  any  act  of  the  specified  order; 
the  person  suspended  is,  moreover,  forbidden  to  confer  the  same 
order,  .and  to  receive  a  higher  order,  and  if  he  should  have  re- 
ceived such  an  order  while  under  suspension,  he  is  forbidden  to 
exercise  the  same; 

6.  from  the  conferring  of  a  certain  specified  order  (a  certo 
et  dcfinito  ordine  conferendo}  forbids  the  conferring  of  the  order 
specified,  not,  however,  of  an  inferior  or  superior  order; 

7.  from  a  certain  specified  ministry  (a  certo  et  definito 
ministerio}  for  instance  the  hearing  of  confessions,  or  from  a 
certain  specified  office,  for  instance  a  position  to  which  the  care 
of  souls  is  attached,  forbids  every  act  of  that  ministry,  or  office; 

8.  from  the  pontifical  order  (ab  ordine  pontificali}  forbids 
the  exercise  of  every  act  of  the  powers  of  the  order  of  bishops; 

9.  from  the  pontificals  (a  pontificalibus}  forbids  the  exer- 
cise of  pontifical  functions,  which,  according  to  Canon  337,  §  2, 
are  those  pontifical  ceremonies  at  which  the  rubrics  require  the 
bishop  to  use  mitre  and  crozier.     (Canon  2279.) 

1564.  Suspension  from  the  benefice  (a  beneficio}  deprives 
of  the  revenue  of  the  benefices  with  the  exception  of  dwelling  in 
the  residence  belonging  to  the  benefice,  but  that  suspension  does 
not  take  away  the  right  of  administration  of  the  goods  of  the 


SUSPENSION  369 

benefice,  unless  the  decree,  or  sentence,  of  suspension  does  ex- 
plicitly deprive  the  one  so  suspended  of  the  right  of  administra- 
tion, and  give  it  to  another  person. 

If  the  beneficiary  in  spite  of  the  suspension  does  take  the 
revenue  of  the  benefice,  he  is  obliged  to  make  restitution  and  he 
can  be  forced  by  canonical  penalties  to  make  restitution,  if  neces- 
sary. (Canon  2280.) 

1565.  If  suspension  in  general  is  inflicted,  or  a  suspension 
from  office  or  benefice,  it  affects  all  offices  or  benefices  which  the 
person  suspended  holds  in  the  diocese  of  the  superior  who  issued 
the  suspension  unless  the  contrary  is  made  evident  by  the  wording 
of  the  suspension.     (Canon  2281.) 

1566.  The  local  Ordinary  cannot  suspend  a  cleric  from  a 
specified  office  or  benefice  which  he  holds  in  another  diocese,  but 
a  suspension  latae  sententiac,  inflicted  by  the  common  law,  affects 
all  offices  or  benefices  no  matter  in  what  diocese  they  are  held  by 
the  one  suspended.     (Canon  2282.) 

1567.  The  actions  forbidden  to  an  excommunicated  person 
by  Canon  2265  are  forbidden  also  to  suspended  persons.  (Canon 
2283.) 

1568.  If  a  censure  of  suspension  was  incurred  forbidding 
the  administration  of  the  Sacraments  and  sacramentals,  the  rule 
of  Canon  2261  is  to  be  observed.    If  a  censure  of  suspension  was 
incurred  forbidding  acts  of  jurisdiction  either  in  the  internal  or 
external  forum,  such  an  act  if  nevertheless  performed  is  invalid, 
as  for  instance  sacramental  absolution,  if  the  suspension  was  in- 
flicted by  a  condemnatory  or  declaratory  sentence  of  an  eccle- 
siastical court,  or  the  superior  inflicting  the  suspension  declared 
explicitly  that  he  thereby  revokes  the  very  power  of  jurisdiction; 
otherwise  the  act  is  only  illicit,  and  if  the  faithful  request  his 
ministry,  as  specified  in  Canon  2261,  §  2,  the  act  is  even  licit. 
(Canon  2284.) 

1569.  If  a  community  or  college  of  clerics  committed  a 
crime,  suspension  may  be  inflicted  either  against  the  individual 
delinquents,  or  on  the  community  as  such,  or  on  both,  delinquents 
and  community. 

If  the  delinquent  individuals  are  suspended,  the  Canons  of 
this  article  are  to  be  observed. 

If  the  community  as  such  is  suspended,  the  community  is 


370  THE  NEW  CANON  LAW 

forbidden  to  exercise  the  spiritual  rights  proper  to  the  community 
as  a  legal  body. 

If  both,  individual  delinquents  and  community,  are  sus- 
pended, the  suspension  has  the  combined  effects  so  that  not  only 
the  guilty  individuals  suffer,  but  also  the  community  in  those 
rights  which  require  the  action  of  the  community  as  such.  (Canon 
2285.) 

TITLE  IX. 

Punitive  Penalties. 

1570.  Punitive  penalties  are  those  which  directly  tend  to- 
ward the  expiation  of  crime,  so  that  their  remission  does  not  de- 
pend on  the  cessation  of  obstinacy  of  the  delinquent.     (Canon 
2286.) 

1571.  From  the  infliction  of  punitive  penalties  the  law 
grants  appeal  or  recourse  in  suspensive,  that  is  to  say,  the  pen- 
alties are  not  taking  effect  pending  the  appeal  unless  the  law  in 
some  case  explicitly  provides  otherwise.     (Canon  2287.) 

1572.  With  the  exception  of  the  penalties  of  degradation, 
deposition,  privation  of  office  or  benefice,  and  of  cases  where  the 
reparation  of  scandal  demands  punishment  of  the  delinquent,  it 
is  left  to  the  prudence  of  the  judge  to  suspend  the  execution  of 
an  ordinary  penalty  inflicted  by  condemnatory  sentence,  if  the 
delinquent  has  committed  an  offence  for  the  first  time  after  a 
laudable  life,  under  condition,  however,  that  the  guilty  party  if 
he  commit  another  offence  within  the  next  three  years,  either  of 
the  same  or  of  a  different  kind,  shall  incur  the  penalty  of  both  the 
past  offence  and  the  new  crime.     (Canon  2288.) 

1573.  A  punitive  penalty  ceases  either  by  completion  of 
the  term  of  penance,  or  by  dispensation  granted  by  him  who  has 
legitimate  power  to  dispense,  according  to  Canon  2236.    (Canon 
2289.) 

1574.  In  more  urgent,  occult  cases,  if  the  delinquent  would 
have  to  betray  himself,  with  resulting  loss  of  his  good  reputation 
and  danger  of  scandal,  by  observing  the  punitive  penalty  latae 
scntcntiae  which  he  incurred,  any  confessor  may  in  the  sacra- 
mental forum  suspend  the  obligation  of  performing  the  penalty, 
but  he  must  impose  the  obligation  to  have  recourse  within  one 
month  by  letter  and  through  the  confessor,  if  this  can  be  done 
without  great  inconvenience,  to  the  S.  Penitentiary,  or  to  the 


371 

bishop  if  he  has  faculties,  and  to  accept  their  orders;  the  name 
of  the  delinquent  is  not  to  be  mentioned. 

If  in  some  extraordinary  case  this  recourse  is  not  possible, 
the  confessor  himself  can  grant  the  dispensation,  according  to 
Canon  2254,  §  3.  (Canon  2290.) 

CHAPTER  I. 

Common  Punitive  Penalties. 

1575.  Punitive  penalties,  which  may  affect  all  the  faithful 
in  proportion  to  the  gravity  of  the  offences,  are  the  following : 

1.  a  local  interdict,  or  an  interdict  on  a  community  or  col- 
lege, either  perpetually  or  for  a  definite  period  of  time,  or  ad 
beneplacitum  superioris,  that  is  to  say,  as  long  as  the  superior 
does  not  lift  the  interdict; 

2.  an  interdict  from  entering  a  church  (ab  ingrcssu  cccle- 
siae)  either  perpetually,  or  for  a  fixed  space  of  time,  or  at  the 
will  of  the  superior; 

3.  penal  transfer,  or  suppression,  of  an  episcopal  see  or  a 
parish ; 

4.  infamy  of  law ; 

5.  privation  of  ecclesiastical  burial,  according  to  Canon 
1240,  §  1 ; 

6.  privation  of  the  sacramentals; 

7.  privation  or  suspension  for  a  time  of  a  pension  which 
one  receives  from  a  church  or  from  ecclesiastical  goods,  or  of 
any  other  ecclesiastical  right  or  privilege  ; 

8.  prohibition  to  exercise  legal  ecclesiastical  actions; 

9.  inability  to  receive  in  the  church  ecclesiastical  favors  or 
positions  which  do  not  require  the  clerical  state,  or  to  receive 
academical  degrees  conferred  by  ecclesiastical  authority; 

10.  privation  for  a  time  of  the  position,  faculty  or  favor 
wrhich  one  has  already  received ; 

11.  privation  of  the  right  of  precedence,  of  active  or  pas- 
sive vote,  or  of  the  right  to  wear  titles,  insignia  and  dress  of 
honor  conceded  by  the  Church  to  distinguished  clerics  or  laymen; 

12.  money  fines.     (Canon  2291.) 

1576.  The  penal  suppression,  or  transfer,  of  an  episcopal 
see  is  reserved  to  the  Roman  Pontiff;  that  of  a  parish  can  be 
decided  by  the  Ordinary  only  with  the  advice  of  the  Chapter,  or 
of  the  diocesan  consultors.     (Canon  2292.) 


372  THE  NEW  CANON  LAW 

1577.  Infamy  is  divided  into  infamy  of  law  and  of  fact. 
Infamy  of  law  is  that  which  is  specified  in  certain  cases  by 

the  common  law. 

Infamy  of  fact  is  incurred  when  a  person  has  lost  his  good 
reputation  with  good  and  seriously-minded  Catholics,  on  account 
of  some  crime  which  he  committed,  or  wicked  conduct,  the  judg- 
ment of  which  belongs  to  the  Ordinary. 

Neither  kind  of  infamy  will  affect  the  person's  blood  rela- 
tions or  relations  by  marriage,  except  in  the  case  where  the  pastor 
keeps  in  his  house  relations  who  lead  a  scandalous  life  whom  he 
is  bound  to  eject  from  his  house,  and  if  he  does  not  do  so  after 
having  been  warned  by  the  bishop,  he  may  be  deprived  of  his 
parish.  Cf.  Canon  2147,  §  2,  n.  3.  (Canon  2293.) 

1578.  He  who  suffers  from  infamy  of  law  is  not  only  ir- 
regular, as  stated  in  Canon  984,  n.  5,  but  is,  moreover,  incapable 
of  acquiring  ecclesiastical  benefices,  pensions,  offices  and  dig- 
nities, and  of  performing  legal  ecclesiastical  actions,  of  exercising 
any  ecclesiastical  right  or  office,  and,  finally,  he  must  be  kept  from 
the  exercise  of  the  ministry  in  sacred  functions. 

He  who  suffers  from  infamy  of  fact  must  be  excluded  from 
receiving  any  orders,  according  to  Canon  987,  n.  7,  from  dig- 
nities, benefices,  ecclesiastical  offices,  and  also  from  the  exercise 
of  the  sacred  ministry  and  from  legal  ecclesiastical  actions. 
(Canon  2294.) 

1579.  Infamy  of  law  ceases  only  by  dispensation  granted 
by  the  Holy  See;  infamy  of  fact  ceases  when  the  good  reputa- 
tion has  been  reestablished  with  good  and  seriously-minded  Cath- 
olics, considering  all  circumstances,  and  especially  amendment 
of  the  guilty  party  made  long  ago.    The  bishop  is  to  judge  con- 
cerning the  cessation  of  infamy  of  fact.     (Canon  2295.) 

1580.  If  there  is  question  of  things  for  the  acquisition  of 
which  the  common  law  makes  a  person  capable,  the  penalty  of 
inhability  can  be  inflicted  by  the  Apostolic  See  alone.    Thus,  for 
instance,  the  diriment  impediments  in  marriage,  or  irregularities 
for  reception  of  orders,  can  be  established  by  no  authority  in- 
ferior to  the  Holy  See. 

Rights  which  have  already  been  acquired  are  not  lost  by  a 
supervening  inhability,  unless  the  penalty  of  privation  is  added 
to  this  inhability  by  the  law.  (Canon  2296.) 

1581.  Money  fines  inflicted  by  the  common  law,  of  which 


SPECIAL  PUNITIVE  PENALTIES  373 

the  same  law  does  not  specify  what  is  to  be  done  with  the  money, 
and  other  fines  imposed  or  to  be  imposed  by  particular  laws  are 
to  be  employed  by  the  local  Ordinaries  for  pious  purposes,  not, 
however,  for  the  benefit  of  the  episcopal  mensa  or  for  that  of  the 
Chapter.  (Canon  2297.) 

CHAPTER  II. 
Punitive  Penalties  Special  to  the  Clergy. 

1582.  Punitive  penalties  inflicted  on  clerics  only  are  the 
following : 

1.  prohibition  to  exercise  the  sacred  ministry  except  in  one 
specified  church ; 

2.  suspension,  forever  or  for  a  definite  length  of  time,  or 
at  the  discretion  (ad  beneplacitum)  of  the  superior; 

3.  transfer  for  punishment  from  an  office  or  benefice  held 
by  the  cleric  to  another,  inferior  one ; 

4.  privation  of  some  right  connected  with  the  benefice  01 
office; 

5.  inhability  either  for  all  or  some  dignities,  offices,  bene- 
fices and  other  positions  proper  to  the  clergy ; 

6.  penal  privation  of  the  benefice  or  office,  with  or  with- 
out a  pension ; 

7.  prohibition  to  stay  in  a  certain  place  or  territory ; 

8.  command  to  stay  in  a  certain  place  or  territory; 

9.  privation  of  the  ecclesiastical  garb  for  a  time; 

10.  deposition; 

11.  perpetual  privation  of  the  ecclesiastical  garb; 

12.  degradation.     (Canon  2298.) 

1583.  If  a  cleric  obtains  an  irremovable  benefice,  he  can  be 
deprived  of  the  same  only  in  the  cases  expressed  by  law;  if  he 
has  a  removable  benefice,  he  may  be  deprived  of  it  also  for  other, 
reasonable  causes. 

Clerics  who  possess  a  benefice,  office,  dignity,  may  be  for- 
bidden for  some  time  the  exercise  of  merely  some  ministry  con- 
nected with  their  position,  for  instance,  to  preach,  to  hear  con- 
fessions, etc. 

The  cleric  cannot  be  deprived  of  the  benefice  or  pension  un- 
der the  title  of  which  he  was  ordained  unless  other  provision  is 
made  for  his  proper  support.  If  he  does  not  amend  and  lead  a 


374  THE  NEW  CANON  LAW 

life  in  keeping  with  the  clerical  state,  then,  according  to  Canons 
2303  and  2304,  the  Church  may  expel  him  from  the  ranks  of  the 
clergy,  without  being  responsible  for  his  maintenance.  (Canon 
2299.) 

1584.  If  a  cleric  gives  great  scandal,  and  does  not  amend 
after  being  admonished,  and  the  scandal  cannot  be  removed  in 
any  other  way,  he  may  in  the  meantime  be  deprived  of  the  right 
to  wear  the  ecclesiastical  garb.    This  privation,  while  it  lasts,  im- 
ports the  prohibition  to  exercise  any  functions  of  the  ecclesias- 
tical ministry,  and  the  privation  of  the  clerical  privileges.  (Canon 
2300.) 

1585.  The  Ordinary  cannot  command  a  cleric  to  stay  in  a 
specified  place  outside  his  own  diocese  unless  he  obtains  the  con- 
sent of  the  Ordinary  of  that  place,  or  there  is  question  of  a  house 
of  penance  or  correction  destined  not  only  for  the  clergy  of  one 
diocese  but  also  for  externs,  or  of  a  religious  exempt  house  where 
the  consent  of  the  superior  of  the  house  suffices.    (Canon  2301.) 

1586.  The  command,  as  well  as  the  prohibition,  to  stay  in 
a  specified  place,  and  the  placing  of  a  cleric  in  a  house  of  penance 
or  in  a  religious  house,  especially  if  this  is  to  last  for  a  long  period 
of  time,  shall  be  imposed  only  in  more  serious  cases,  in  which  ac- 
cording to  the  good  judgment  of  the  Ordinary  these  penalties  are 
necessary  for  the  correction  of  the  cleric  and  for  the  reparation 
of  the  scandal  he  has  given.     (Canon  2302.) 

1587.  Deposition  imports  the  suspension   from  office  as 
well  as  the  inability  for  promotion  to  any  offices,  dignities,  bene- 
fices, pensions,  positions  in  the  Church,  as  also  the  privation  from 
those  which  the  guilty  cleric  actually  has,  though  he  was  ordained 
under  their  title.    The  obligations  arising  from  ordination,  as  for 
instance  the  obligation  of  the  Divine  office,  celibacy,  etc.,  for 
those  in  major  orders,  and  also  the  clerical  privileges  remain  to 
the  deposed  clerics. 

If  the  cleric  loses  by  the  penalty  of  deposition  the  benefice 
or  office  which  served  as  a  title  for  his  ordination,  and  should  not 
have  any  other  revenue  for  decent  maintenance,  the  Ordinary 
should  out  of  charity  provide  for  him  in  the  best  possible  way,  in 
order  that  the  deposed  cleric  may  not  be  forced  to  go  begging  to 
the  disgrace  of  the  clerical  state. 

The  penalty  of  deposition  cannot  be  inflicted  except  in  the 
cases  expressed  in  law.  (Canon  2303.) 


PENAL  REMEDIES  375 

1588.  If  the  deposed  cleric  does  not  show  any  signs  of 
amendment,  and  especially  if  he  continues  to  give  scandal  and 
does  not  change  his  evil  ways  after  being  admonished,  the  Ordi- 
nary may  deprive  him  forever  of  the  right  to  wear  the  ecclesias- 
tical garb. 

This  privation  imports  the  loss  of  the  clerical  privileges  and 
cessation  of  the  obligation  of  the  Ordinary  to  provide  main- 
tenance for  him  as  referred  to  in  Canon  2303,  §  2.  (Canon 
2304.) 

1589.  Degradation  includes  deposition,  perpetual  privation 
of  the  ecclesiastical  garb,  and  reduction  of  the  cleric  to  the  state 
of  the  laity. 

The  penalty  of  degradation  can  be  inflicted  only  for  a  crime 
to  which  the  law  attaches  such  a  penalty,  or  if  the  cleric  who  has 
already  been  deposed  and  deprived  of  the  clerical  garb,  has  con- 
tinued for  a  year  to  give  great  scandal. 

The  degradation  is  either  verbal,  or  by  edict,  i.  e.,  inflicted 
by  sentence  only,  which,  however,  has  all  its  juridical  effect  im- 
mediately without  any  execution;  or  real,  if  the  formalities  pre- 
scribed in  the  Pontificale  Romanum  are  observed.  (Canon 
2305.) 

TITLE  X. 

Penal  Remedies  and  Penances. 

CHAPTER  I. 
Penal  Remedies. 

1590.  Penal  remedies  are : 

1 .  monition, 

2.  correction, 

3.  precept, 

4.  surveillance.     (Canon  2306.) 

1591.  The  Ordinary  shall  admonish  a  person  who  stays  in 
proximate  occasion  of  committing  an  offence,  or  against  whom 
there  is  a  grave  suspicion  of  having  committed  an  offence,  after 
inquisition  by  the  Ordinary  has  preceded.    The  monition  may  be 
tendered  either  by  the  Ordinary  in  person,  or  by  another  person 
delegated  by  him.     (  Canon  2307. ) 

1592.  If  by  the  conduct  of  some  person  scandal  or  grave 
disturbance  of  order  arises,  reproof  is  to  be  given  by  the  Ordi- 


376  THE  NEW  CANON  LAW 

nary  or  his  delegate,  which  may  also  be  done  by  letter.  The  repri- 
mand is  to  be  accommodated  to  the  peculiar  circumstances  of  the 
person,  as  well  as  to  the  fact  in  question.  (  Canon  2308. ) 

1593.  The  monition  as  well  as  the  reprimand  may  be  either 
public  or  secret. 

The  public  reprimand  or  monition  is  to  be  given  either  be- 
fore a  notary  of  the  ecclesiastical  Curia,  or  before  two  witnesses, 
or  by  letter,  in  such  way  that  the  receipt  of  the  letter  as  well  as 
of  its  contents  can  be  proved  by  some  document.  If  sent  by  letter, 
the  notary  should  make  an  exact  copy  of  the  letter  which  was 
mailed,  and  which  he  should  keep  for  future  reference  in  proof 
of  the  contents  of  the  monition,  and  proof  of  receipt  of  the 
letter  in  the  form  of  the  return  receipt  of  the  registered  letter 
is  also  to  be  kept. 

A  public  reprimand  can  be  given  only  to  a  guilty  party  who 
has  been  convicted  of  the  offence  or  has  confessed  to  it;  it  is 
judicial,  if  given  by  the  judge  in  court,  or  by  the  Ordinary  before 
the  criminal  trial  commences. 

The  judicial  reprimand  either  takes  the  place  of  punishment, 
or  is  given  to  increase  the  punishment,  especially  when  there  is 
question  of  a  recidivus. 

If  the  monition  and  reprimand  were  given  secretly,  proof  of 
the  same  must  nevertheless  be  had  by  some  document,  which  is 
to  be  preserved  in  the  secret  archives  of  the  Curia. 

The  reprimand  as  well  as  the  monition  may  be  given  either 
once  or  repeatedly,  according  to  the  prudent  judgment  of  the 
superior.  (Canon  2309.) 

1594.  If  monitions  and  reprimands  have  been  given  with- 
out producing  results,  or  if  no  effect  can  be  hoped  to  be  secured 
by  them,  a  precept  should  be  issued  in  which  is  to  be  accurately 
indicated  what  the  person  in  question  is  to  do  and  to  avoid,  to- 
gether with  the  threat  of  the  penalty  in  case  of  transgression. 
(Canon  2310.) 

1595.  If  the  gravity  of  the  case  demands  it,  and  especially 
if  there  is  question  of  a  person  who  is  in  danger  of  relapsing  into 
the  same  crime,  the  Ordinary  may  subject  him  to  surveillance. 

Surveillance  may  also  be  prescribed  for  the  purpose  of  in- 
creasing the  punishment,  especially  against  recidivi.  (Canon 
2311.) 


PENALTIES  FOR  INDIVIDUAL  CRIMES  377 

CHAPTER  II. 
Penances. 

1596.  Penances  in  the  external  forum  are  imposed  in  order 
that  a  delinquent  may  either  escape  the  penalty  which  might  be 
imposed  on  him  if  a  canonical  trial  were  to  be  instituted  against 
him,  or  also  that  a  delinquent  may  obtain  absolution  or  dispensa- 
tion from  a  penalty  which  he  has  contracted.    Thus,  for  instance, 
when  a  priest  applies  for  faculty  to  absolve  a  penitent  from  a  cen- 
sure which  he  has  incurred,  the  Holy  See  or  the  bishop  imposes 
a  penance  which  must  be  fulfilled  by  the  penitent  who  asks  for 
absolution  from  the  censure. 

For  an  occult  offence  or  transgression  no  public  penance 
should  ever  be  imposed. 

The  penances  are  to  be  modified  not  so  much  in  proportion 
to  the  gravity  of  the  offence  as  rather  to  the  contrition  of  the 
penitent,  taking  into  account  the  condition  of  the  person  and  the 
circumstances  of  the  offence.  (Canon  2312.) 

1597.  The  principal  penances  are  the  precepts : 

1.  to  recite  specified  prayers; 

2.  to  undertake  a  pious  pilgrimage  or  other  works  of  piety ; 

3.  to  observe  a  special  fast; 

4.  to  give  alms  for  pious  purposes ; 

5.  to  make  a  retreat  in  a  pious  institution  or  a  religious 
house  for  some  days. 

The  Ordinary  may  add  to  penances  the  penal  remedies  of 
monitions  and  reprimand.  (Canon  2313.) 

PART  III. 
PENALTIES  FOR  INDIVIDUAL  CRIMES. 

1598.  Canons  2314-2414  deal  with  the  penalties  inflicted 
by  the  Code  on  various,  specified  crimes.     Some  of  these  pen- 
alties are  incurred  by  the  very  fact  of  committing  the  crime  (ipso 
facto,  or  latae  sententiae),  others  are  to  be  imposed  by  the  com- 
petent authority    (fcrendae  sententiae)   in  case  the  offence  is 
brought  to  the  notice  of  the  ecclesiastical  superior.     Penalties 
fcrendae  scntentiae  are  of  the  nature  of  a  precept  to  the  ecclesias- 
tical judge  to  impose  the  specified  penalty  if  the  party  is  proved 
guilty  in  court. 


378  THE  NEW  CANON  LAW 

CHAPTER  I. 
Penalties  Incurred  "Ipso  Facto"  ("Latae  Sententiae"). 

I.  Excommunications  Reserved  to  the  Holy  See  "Specialis- 

simo  Modo": 

1599.  1.     such  excommunication  is  visited  upon  him  who 
desecrates  the  consecrated  particles,  or  carries  them  off  for  an 
evil  purpose,  or  keeps  them  for  that  end  (Canon  2320) ; 

2.  on  him  who  lays  violent  hands  on  the  Roman  Pontiff. 
Such  a  person  becomes  ipso  facto  an  excommunicatus  vitandus 
(Canon  2343) ; 

3.  On  a  priest  who  absolves,  or  makes  believe  to  absolve, 
his  accomplice  in  a  sin  against  the  Sixth  Commandment.     Even 
in  danger  of  death  the  priest  cannot  without  incurring  excommu- 
nication absolve  his  accomplice  so  long  as  another  priest  can  be 
had  without  great  danger  of  betraying  the  priest  and  giving 
scandal,  except  in  case  the  sick  person  refuses  to  confess  to  an- 
other priest.     The  excommunication  is  incurred  also  when  the 
penitent  does  not  mention  the  sin  of  complicity,  if  the  guilty 
confessor  directly  or  indirectly  induced  the  penitent  not  to  con- 
fess the  sin  (Canon  2367) ; 

4.  a  confessor  who  presumes  to  violate  directly  the  seal  of 
confession  (Canon  2369), 

II.  Excommunications  Reserved  to  the  Holy  See  "Speciali 

Modo"  Befall: 

1600.  1.  all  apostates  from  the  Christian  faith,  and  all  her- 
etics and  schismatics  (Canon  2314); 

2.  publishers  of  books  written  by  apostates,  heretics,  and 
schismatics,   who   advance   the   cause   of   apostacy,    heresy,    or 
schism;  also  those  who  defend  such  books,  and  others  condemned 
by  name  through  Apostolic  Letters;  finally  those  who,  knowing 
of  the  censure,  read  or  keep  such  books  without  due  permission 
(Canon  2318); 

3.  those  who  are  not  ordained  priests  and  pretend  to  cele- 
brate Holy  Mass  or  hear  confessions  (Canon  2322)  ; 


EXCOMMUNICATIONS  RESERVED  379 

4.  all  persons  of  whatever  station  or  dignity,  even  that  of 
the  Cardinalate,  who  appeal  from  the  laws,  decrees,  or  commands 
of  the  reigning  Roman  Pontiff  to  a  General  Council   of  the 
Church  (Canon  2332)  ; 

5.  those  who  have  recourse  to  the  civil  authorities  in  order 
to  impede  the  letters  or  documents  of  the  Holy  See  or  of  its 
Legates,  preventing  either  directly  or  indirectly  their  promulga- 
tion or  execution,  as  also  those  who  on  account  of  these  letters 
or  documents  injure  or  terrify  the  authors  of  the  same,  or  others 
on  account  of  them  (Canon  2333)  ; 

6.  those  who  publish  laws,  orders,  and  decrees  against  the 
liberty  and  the  rights  of  the  Church,  as  also  those  who,  either 
directly  or  indirectly,  impede  the  exercise  of  ecclesiastical  juris- 
diction both  of  the  internal  and  external  forum  by  having  for 
this  purpose  recourse  to  any  lay  authority  (Canon  2334)  ; 

7.  those  who  dare  without  due  permission  of  the  Church 
to  cite  before  the  civil  court  a  Cardinal,  Papal  Legate,  or  major 
official  of  the  Roman  Curia  on  matters  arising  from  their  office, 
or  their  own  Ordinary  (Canon  2341 )  ; 

8.  those  who  lay  violent  hands  on  a  Cardinal  or  a  legate  of 
the  Pope,  or  on  patriarchs,  archbishops,  and  bishops,  even  though 
merely  titular  ( Canon  2343  )  ; 

9.  those  who  usurp  or  retain,  by  themselves  or  through 
others,  goods  and  rights  belonging  to  the  See  of  Rome  (Canon 
2345); 

10.  those  who  circulate  false  letters  under  the  name  of  the 
Holy  See,  or  falsify  papal  letters,  decrees,  rescripts,  or  know- 
ingly use  such  letters  (Canon  2360)  ; 

11.  those  who  wrongfully  denounce  to  a  superior,  either 
by  themselves  or  through  others,  a  confessor  of  the  crime  of 
solicitation  (Canon  2363). 

III.    Excommunications  Reserved  to  the  Holy  See  "Simpli- 

citer"  Befall: 

1601.     1.     profiteers  from  indulgences  (Canon  2327) ; 

2.  those  who  join  the  sect  of  the  Masons,  or  other  societies 
of  the  same  nature  that  scheme  against  the  Church  or  the  lawful 
civil  authority  (Canon  2335)  ; 

3.  those  who  without  due   faculties  presume  to  absolve 


380  THE  NEW  CANON  LAW 

from  an  excommunication  reserved  either  spccialissimo  or  spe- 
ciali  modo  to  the  Holy  See  (Canon  2338)  ; 

4.  those  who  aid  or  abet  any  one  in  a  crime  for  which  he 
was  declared  excommunicatus  vitandus.    Clerics  who  knowingly, 
and  of  their  own  accord,  participate  with  such  a  one  in  divinis, 
and  who  admit  him  to  Divine  services  (Canon  2338)  ; 

5.  those  who  bring  into  the  civil  court  a  bishop  (not  of 
their  own  diocese),  or  a  titular  bishop,  an  abbot,  a  prelate  nullius, 
or  any  of  the  supreme  superiors  of  religious  communities  ap- 
proved by  Rome  (Canon  2341)  ; 

6.  persons  of  either  sex  who  enter  without  due  permission 
the  enclosure  of  nuns  of  solemn  vows,  and  those  who  admit  them 
to  such  place.    Likewise  women  who  enter  the  enclosure  of  reli- 
gious men  of  solemn  vows,  as  also  superiors  and  others  who  ad- 
mit them.    Finally,  nuns  of  papal  enclosure  who  go  outside  of  it 
without  due  permission  (Canon  2342)  ; 

7.  those  who  retain  unjustly  Church  property  of  any  kind, 
either  by  themselves  or  through  others,  or  who  thwart  those  who 
have  a  right  to  the  income  from  Church  goods.    Only  after  hav- 
ing made  full  restitution  can  they  apply  to  the  Holy  See  for  ab- 
solution (Canon  2346); 

8.  those  who  fight  a  duel,  or  who  make,  or  accept,  a  chal- 
lenge thereto,  or  who  give  any  aid  to  it,  or  favor  it,  in  any  way, 
as  also  those  who  purposely  go  to  see  the  duel,  who  permit  it,  or 
do  not  stop  it  in  as  far  as  they  can  (Canon  2351)  ; 

9.  clerics  in  major  orders  and  religious  of  solemn  vows 
who  attempt  to  contract  a  civil  marriage,  as  also  all  persons  at- 
tempting to  contract  it  with  them  (Canon  2388)  ; 

10.  those  who  are  guilty  of  simony  in  the  conferring  of  an 
office,  benefice,  and  ecclesiastical  dignity  (Canon  2392,  §  1)  ; 

11.  the  vicar  capitular  as  well  as  any  of  the  members  of  the 
cathedral  Chapter,  as  also  others  outside  the  episcopal  Curia,  who 
steal,  destroy,  conceal,  or  substantially  alter  any  document  be- 
longing to  the  episcopal  Curia  (Canon  2405). 

IV.    Excommunications  Reserved  to  the  Ordinary  Are 

Those  of 

1602.     1.     Catholics  who  marry  before  a  non-Catholic  min- 
ister (Canon  2319) ; 

2.     Catholics  who  contract  marriage  with  the  explicit  or  im- 


EXCOMMUNICATIONS  NOT  RESERVED          381 

plicit  understanding  that  either  all  or  some  of  their  children  are 
to  be  brought  up  as  non-Catholics  (Canon  2319)  ; 

3.  Catholics  who  knowingly  present  their  children  to  a 
non-Catholic  minister  for  Baptism  (Canon  2319)  ; 

4.  Catholic  parents,  or  those  who  take  the  place  of  the 
parents,  who  knowingly  have  their  children  brought  up  or  in- 
structed in  a  non-Catholic  persuasion  (Canon  2319)  ; 

5.  those  who  prepare  bogus  relics,  or  who  knowingly  sell, 
distribute  or  expose  them  for  public  veneration  (Canon  2326)  ; 

6.  those  who  lay  violent  hands  on  a  cleric  or  a  religious 
(Canon  2343); 

7.  those  who  procure  abortion,  not  excepting  the  mother, 
if  abortion  has  actually  taken  place  (Canon  2350)  ; 

8.  Religious  of  non-exempt  communities  who  apostatize 
from  the  religious  life.    Apostates  of  exempt  orders  incur  excom- 
munication reserved  to  the  major  superiors  of  the  respective  Or- 
der ( Canon  2385  )  ; 

9.  Religious  of  simple  perpetual  vows,  both  in  Orders  and 
congregations,  who  contract  marriage  without  dispensation,  and 
the  persons  thus  contracting  with  them  (Canon  2388). 

V.    Excommunications  Not  Reserved  Are  Those  of 

1603.  1.  authors  and  publishers  who  without  due  permis- 
sion publish  books  of  the  Bible,  or  annotations  and  commentaries 
on  the  same  (Canon  2318,  §  2)  ; 

2.  those  who  dare  to  demand,  or  force,  the  Church  to  give 
ecclesiastical  burial  to  infidels,  apostates,  and  others  excluded 
from  ecclesiastical  burial  (Canon  2339)  ; 

3.  those  who  alienate  church  property  and  knowingly  fail 
to  obtain  the  beneplacitum  of  the  Holy  See,  if  the  goods  are  of 
great  value,  namely,  worth  more  than  six  thousand  dollars.    All 
those  implicated  in  such  transaction  by  giving,  receiving,  or  con- 
senting, fall  under  the  censure  (Canon  2347)  ; 

4.  those  who  force  another  in  any  way  to  enter  the  clerical 
life,  or  a  religious  community,  or  to  take  vows,  whether  solemn 
or  simple,  temporary  or  perpetual  (Canon  2352)  ; 

5.  the  faithful  who  neglect  to  denounce  within  one  month 
the  priest  guilty  of  solicitation  in  confession  (Canon  2368,  §  2). 


382  THE  NEW  CANON  LAW 

VI.     Interdicts  Incurred   "Ipso  Facto." 

1604.  1.  An  interdict  reserved  speciali  modo  to  the  Holy  See 
is  incurred  by  any  university,  college,  Chapter,  and  other  com- 
munity of  whatsoever  kind,  that  appeals  from  the  orders  and 
decrees  of  the  reigning  Sovereign  Pontiff  to  a  General  Council  of 
the  Church.  (Canon  2332.) 

2.  Those  who  knowingly  celebrate,  or  make  another  cele- 
brate, Divine  offices  in  places  that  are  interdicted,  as  also  those 
who  admit  excommunicated,  or  suspended,  or  interdicted  clerics 
after  their  censure  has  been  pronounced  by  condemnatory  or 
declaratory  sentence  in  court,  incur  an  interdict  ab  ingressu  eccle- 
siae,  reserved  to  the  authority  whose  law  or  command  was  vio- 
lated.    (Canon  2338,  §  3.) 

3.  Those  who  are  the  cause  of  a  local  interdict,  or  of  an 
interdict  on  a  college  or  community,  incur  a  personal  interdict. 
(Canon  2338,  §  4.)     Though  there  is  no  mention  made  of  the 
reservation  of  this  interdict,  it  is  understood  that  in  case  an  au- 
thority inflicts  an  interdict  on  an  individual  or  a  community,  no 
one  can  free  such  person  from  the  punishment  except  the  one 
who  imposed  the  penalty,  or  his  successor  in  office,  or  the  higher 
authority. 

4.  An  interdict  ab  ingressu  ecclesiae  reserved  to  the  Ordi- 
nary falls  on  those  who  of  their  own  accord  give  ecclesiastical 
burial  to  persons  not  entitled  thereto  by  law.     (Canon  2339.) 

VII.     Suspensions  Incurred  "Ipso  Facto." 

1605.     1.     Suspensions  reserved  to  the  Holy  See  are  in- 
curred as  follows  : 

(a)  a    consecrating    bishop    and    his    assistants,    whether 
bishops  or  priests,  who  consecrate  a  bishop  without  leave  from 
the  Holy  See  are  ipso  facto  suspended,  as  also  the  consecrated 
bishop,  until  the  Holy  See  shall  absolve  them  (Canon  2370)  ; 

(b)  clerics  promoted  by  simony  to  orders,  and  those  ad- 
ministering or  receiving  any  other  Sacrament  through  simony, 
are  ipso  facto  suspended  (Canon  2371)  ; 

(c)  those  who  presumptuously  receive  orders  from  one  who 
is  publicly  excommunicated,  suspended  or  interdicted,  or  from  a 
notorious  apostate,  heretic,  schismatic,  incur  suspension  a  divinis, 
reserved  to  the  Holy  See  (Canon  2372)  ; 

(d)  suspension  from  conferring  orders  for  a  year  is  in- 


SUSPENSIONS  INCURRED  "IPSO  FACTO"        383 

curred  by:  (1)  those  who  ordain  a  non-subject  without  proper 
dimissorial  letters;  (2)  those  who  ordain  a  subject  without  testi- 
monial letters,  if  after  the  age  of  puberty  the  ordinandus  lived  in 
another  diocese  for  six  months,  or,  in  case  of  soldiers,  for  three 
months;  (3)  those  who  ordain  one  to  major  orders  without  a 
proper  canonical  title;  (4)  those  who  ordain  religious  when  they 
have  no  right  to  be  ordained  outside  the  diocese  in  which  the 
monastery  of  the  candidates  is  situated  (Canon  2373)  ; 

(e)  a  religious  in  major  orders  whose  profession  is  null  and 
void  on  account  of  deceit  on  his  part  is  ipso  facto  suspended  until 
the  Holy  See  dispense  him  (Canon  2387). 

2.  Suspensions  reserved  to  the  Ordinary : 

1606.  (a)   Clerics  who  without  due  permission  from  the 
Ordinary  sue  in  a  civil  court  a  priest,  cleric  or  religious,  incur 
suspension  from  office.     (Canon  2341.) 

(b)  Religious  who  become  fugitives  (see  Canon  644,  §  3) 
incur  suspension  reserved  to  their  own  superior.  (Canon  2386.) 

3.  Suspensions  not  reserved : 

1607.  (a)   Priests  who  hear  confessions  without  proper 
jurisdiction  are  ipso  facto  suspended  a  divinis.    Those  who  pre- 
sumptuously absolve  from  reserved  sins  are  ipso  facto  suspended 
from  the  hearing  of  confessions  (Canon  2366)  ; 

(b)  those  who  are  ordained  without  dimissorial  letters,  or 
with  false  ones,  or  before  the  canonical  age,  or  by  skipping  some 
orders  intentionally,  are  ipso  facto  suspended  from  the  orders 
thus  received  (Canon  2374)  ; 

(c)  suspension  a  divinis  is  incurred  by  those  clerics  who 
resign  an  office,  benefice,  or  ecclesiastical  dignity,  into  the  hands 
of  lay  persons  (Canon  2400)  ; 

(d)  an  abbot  or  a  prelate  nullius,  who  without  necessity 
puts  off  his  consecration  for  over  three  months  after  receiving  the 
papal   letters,   ipso   facto   incurs   suspension    from   jurisdiction 
(Canon  2402)  ; 

(e)  a  vicar  capitular  who  gives  dimissorial  letters  contrary 
to  Canon  958,   §  1,  3,  incurs  ipso  facto  suspension  a  divinis 
(Canon  2409); 

(f)  religious  superiors,  who,  in  violation  of  Canons  965- 
967,  send  their  subjects  for  ordination  to  a  strange  bishop,  are 
ipso  facto  suspended  for  one  month  from  the  celebration  of  Holy 
Mass  (Canon  2410). 


384  THE  NEW  CANON  LAW 

VIII.     Infamy  of  Law  Incurred  "Ipso  Facto": 

1608.  1.     Catholics  who  formally  join  a  non-Catholic  sect, 
or  publicly  adhere  to  it  (Canon  2314,  §  3) ; 

2.  desecrators  of  consecrated  hosts  (Canon  2320) ; 

3.  persons  who  dishonor  the  memory  of  the  dead  by  theft 
or  other  crimes  committed  on  the  bodies  or  the  graves  of  the 
deceased  (Canon  2328)  ; 

4.  those  who  lay  violent  hands  on  the  Roman  Pontiff,  Car- 
dinals, or  Papal  Legates  (Canon  2343,  §  1); 

5.  those  who   fight   a   duel,   and   their   official   witnesses 
(Canon  2351,  §2); 

6.  those  who  attempt  a  so-called  civil  marriage  while  their 
lawful  husband  or  wife  is  living  (Canon  2356)  ; 

7.  lay  persons  lawfully  condemned  for  crimes  of  impurity 
with  minors  under  sixteen  years  of  age,  or  for  attack  on  women, 
sodomy,  bawdry,  incest  (Canon  2357). 

IX.     Loss  of  Salary  Is  Incurred  "Ipso  Facto"  by: 

1609.  1.     clerics  who  possess  an  office  or  benefice  which 
requires  residence,  for  instance  a  parish,  ipso  facto  forfeit  the 
right  to  the  revenue  or  salary  of  their  benefice  or  office,  in  propor- 
tion to  the  time  during  which  they  illegitimately  absented  them- 
selves, and  they  are  obliged  to  turn  it  over  to  the  Ordinary  who  is 
to  use  the  money  for  the  benefit  of  a  church,  or  pious  institution, 
or  as  alms  for  the  poor  (Canon  2381,  §  1)  ; 

2.  persons  who  neglect  to  make  the  profession  of  faith  re- 
quired by  Canon  1406  in  the  appointment  to  certain  offices  and 
benefices  forfeit  the  right  to  the  revenue  or  salary  of  the  benefice 
or  office  for  the  time  that  without  a  legal  excuse  for  such  delay 
they  neglected  to  make  the  profession  (Canon  2403). 

X.    Loss  of  Office  or  Benefice  Incurred  "Ipso  Facto"  by : 

1610.  1.     voters  in  elections  by  a  college  or  community  of 
clerics  or  religious,  in  which  lay  persons  interfere  with  the  rights 
and  the  freedom  of  the  Church,  if  the  voters  solicited,  or  of  their 
own  accord  admitted,  such  interference,  are  ipso  facto  deprived 
of  the  right  to  vote  in  that  election  and  the  person  thus  elected, 
who  knowingly  consents  to  his  election,  becomes  ipso  facto  in- 


PENALTIES  "FERENDAE  SENTENTIAE"          385 

capable  of  acquiring  the  office  or  benefice  in  question  (Canon 
2390) ; 

2.  those  who  have  been  elected,  nominated  or  presented  to 
an  ecclesiastical  benefice,  office,  dignity,  and  assume  possession  or 
administration  before  they  have  received  the  necessary  letters  of 
confirmation  or  appointment  become  ipso  facto  incapable  for  that 
office  or  benefice;  the  Chapter  or  community  who  admits  them 
before  they  have  shown  the  letters  of  confirmation  or  appoint- 
ment are  ipso  facto  suspended  ad  benefilacitum  S.  Sedis  from  the 
right  of  election,  nomination,  presentation  (Canon  2394) ; 

3.  he  who  knowingly  accepts  the  appointment  to  an  office, 
benefice,  or  dignity,  which  is  not  vacant  by  law,  and  allows  him- 
self to  be  put  in  possession  of  the  same,  becomes  ipso  facto  in- 
capable of  obtaining  the  said  office  or  benefice  when  it  becomes 
actually  vacant  (Canon  2395) ; 

4.  clerics  who  have  obtained  peaceful  possession  of  another 
office  or  benefice  which  is  incompatible  with  the  former,  and  pre- 
sume to  keep  possession  of  both  against  the  ruling  of  Canons  156 
and  1439,  are  ipso  facto  deprived  of  both  (Canon  2396) ; 

5.  he  who  has  been  promoted  to  an  episcopal  see  and  neg- 
lects to  be  consecrated  within  three  months,  as  required  by  Canon 
333,  loses  the  revenue  of  the  episcopal  see,  which  is  to  be  applied 
to  the  benefit  of  the  cathedral  church,  and  if  he  delays  his  conse- 
cration for  three  more  months  he  is  ipso  facto  deprived  of  the 
bishopric  (Canon  2398). 

CHAPTER  II. 
Penalties  "Ferendae  Sententiae." 

I.    Excommunication. 

1611.  Lay  persons  who  are  unfaithful  in  the  handling  of 
Mass  stipends  may  be  excommunicated  by  the  Ordinary  if  their 
offence  has  been  very  serious.     (Canon  2324.) 

II.    Interdict  "Ferendae  Sententiae." 

1612.  1.     By  interdict  ab  ingressu  ecclesiae  are  to  be  pun- 
ished those  who  desecrate  a  church  or  cemetery  by  homicide  or 
by  copious  spilling  of  blood  by  sinful  action,  by  using  the  church 
or  cemetery  for  impious  or  indecent  purposes,  by  burial  of  an  in- 


386  THE  NEW  CANON  LAW 

fidel  or  of  a  person  excommunicated  by  an  ecclesiastical  court 
(Canon  2329). 

2.  Bigamists  who,  in  violation  of  the  rights  of  their  lawful 
partner,  live  in  concubinage  with  another  party,  are  after  having 
been  admonished  without  avail  to  be  punished  with  personal  in- 
terdict or  with  excommunication  (Canon  2356). 

3.  Persons  who  violate  the  graves  by  theft,  or  abuse  the 
bodies  of  the  deceased  for  an  evil  purpose  are  to  be  punished  with 
personal  interdict  (Canon  2328). 

III.    Suspensions  "Ferendae  Sententiae." 

1613.     1.     Clerics  suspected  of  heresy  are  to  be  suspended 
a  divinis  (Canon  2315). 

2.  Clerics  who  knowingly  teach  or  defend,  either  publicly 
or  privately,  a  doctrine  that  has  been  condemned  by  the  Holy  See 
or  by  a  General  Council,  even  though  not  as  heretical,  are  to  be 
suspended  from  preaching,  hearing  of  confessions,  and  any  office 
of  teaching  (Canon  2317). 

3.  Priests  who  against  the  law  of  Canon  806,  §1,  and  808 
say  Holy  Mass  twice  the  same  day  without  permission,  or  who 
celebrate  without  keeping  the  eucharistic  fast,  are  to  be  suspended 
by  the  Ordinary  for  a  time  to  be  determined  by  him  (Canon 
2321). 

4.  Clerics  who  trade  with  Mass  stipends,  or  do  not  fulfil 
the  obligation  of  the  stipend,  or  unjustly  retain  part  of  the  sti- 
pend when  having  the  Mass  said  by  another,  are  to  be  punished 
severely  by  the  Ordinary,  and  if  the  transgression  is  very  serious 
they  may  be  punished  with  suspension  and  privation  of  office  or 
benefice  (Canon  2324). 

5.  A  pastor  who  incites  the  people  by  word  or  writing  to 
impede  the  exercise  of  jurisdiction  of  his  Ordinary,  may,  if  the 
case  is  serious,  be  suspended.    With  the  same  penalty  the  Ordi- 
nary shall  punish  a  priest  who  excites  the  people  in  any  manner 
to  impede  the  entrance  into  the  parish  of  a  priest  lawfully  ap- 
pointed as  its  pastor  or  administrator  (Canon  2337). 

6.  Clerics  who  violate  the  enclosure  of  nuns  of  solemn 
vows,  besides  incurring  excommunication  reserved  to  the  Holy 
See  simplici  modo,  are  to  be  suspended  for  a  time  by  the  bishop 
( Canon  2342,  §  1). 


SUSPENSIONS  387 

7.  Secular  or  religious  clerics  in  sacred  orders,  who  live  in 
concubinage  and  do  not  amend  after  having  been  admonished, 
are  to  be  suspended  a  divinis,  and  to  be  deprived  of  the  revenue 
of  their  office  or  benefice,  by  summary  trial  as  outlined  in  Canons 
2176-2181  (Canons  2359,  §  1).    If  they  have  committed  acts  of 
impurity  with  persons  under  sixteen  years  of  age,  adultery,  at- 
tack on  women,  bestiality,  sodomy,  bawdry,  incest  with  blood 
relations  or  relations  by  marriage  in  the  first  degree,  they  are  to  be 
suspended,  punished  with  infamy  of  law,  and  deprived  of  any 
office,  benefice,  dignity,  and  in  more  serious  cases  they  are  to  be 
deposed  (Canon  2359,  §  2). 

8.  Priests  who  dare  to  give  Confirmation  without  having 
this  faculty  either  by  law  or  by  indult  of  the  Holy  See,  are  to  be 
suspended.    If  they  knowingly  exceed  the  limits  of  their  faculty 
or  indult,  they  are  ipso  facto  deprived  of  the  faculty  of  confer- 
ring this  Sacrament  (Canon  2365). 

9.  Priests  who  commit  the  crime  of  solicitation  in  confes- 
sion, as  described  in  Canon  904,  are  to  be  suspended  from  the 
celebration  of  Holy  Mass  and  the  hearing  of  confessions,  and  if 
the  gravity  of  the  guilt  demands  it,  they  shall  be  declared  in- 
capable of  hearing  confessions,  and  be  deprived  of  every  bene- 
fice, office,  dignity,  active  and  passive  vote,  and  declared  incapable 
of  ever  acquiring  these.    In  more  serious  cases  they  shall  be  de- 
graded (Canon  2368,  §  1). 

10.  Confessors  who  indirectly  violate  the  seal  of  confession 
are  to  be  punished  with  the  penalties  mentioned  in  the  preceding 
paragraph  (Canon  2369,  §  1). 

11.  Clerics  in  major  orders  who  fail  in  grave  matters  to  ob- 
serve the  rites  and  ceremonies  prescribed  by  the  Church  in  the 
sacred  ministry,  shall  after  previous  admonition  be  suspended 
(Canon  2378). 

12.  Clerics  who  do  not  wear  the  ecclesiastical  garb  (and, 
in  countries  where  it  is  the  custom,  the  tonsure)  and  have  been 
admonished  without  result,  shall,  if  in  major  orders,  be  suspended 
from  their  order  unless  they  amend  within  one  month ;  clerics  in 
minor  orders  ipso  facto  forfeit  the  clerical  state  if  they  do  not 
heed  the  admonition  of  the  Ordinary  (Canon  2379). 

13.  Clerics  in  major  orders  who  abandon  the  office  or  work 
committed  to  them  by  their  own  Ordinary  without  his  permission, 
shall  be  suspended  a  divinis  for  a  time  (Canon  2399). 


388  THE  NEW  CANON  LAW 

14.  If  a  cleric  after  legitimate  privation  of,  or  removal 
from,  an  office  or  benefice  does  not  relinquish  the  same,  he  shall 
after  previous  admonition  be  forced  to  obey  by  suspension  a  di- 
vinis,  and  even  by  deposition  if  necessary  (Canon  2401). 

IV.    Degradation. 

1614.  1.     Clerics  who  formally  join,  or  publicly  adhere  to, 
a  non-Catholic  sect  are  to  be  degraded,  if  they  do  not  amend 
after  having  been  admonished  (Canon  2314,  §  3). 

2.  Clerics  who  lay  violent  hands  on  the  Roman  Pontiff  are 
to  be  degraded  (Canon  2343,  §  1). 

3.  Clerics  guilty  of  voluntary  homicide  are  to  be  degraded 
(Canon  2354,  §2). 

4.  Clerics  in  minor  orders  guilty  of  very  serious  crimes 
against  the  Sixth  Commandment,  for  instance  fornication  with 
minors  under  sixteen  years  of  age,  sodomy,  incest,  may  be  de- 
prived of  the  clerical  state  (Canon  2358). 

V.    Deposition  Is  Incurred  by: 

1615.  1.     clerics  who  desecrate  the  consecrated  particles 
(Canon  2320)  ; 

2.  clerics  who  violate  the  graves  of  the  dead  by  theft,  or 
abuse  the  bodies  of  the  deceased  for  any  evil  purpose  (Canon 
2328) ; 

3.  clerics  guilty  of  procuring  abortion  (Canon  2350). 

VI.    Suspicion  of  Heresy  Falls  on: 

1616.  1.  persons  who  knowingly  and  of  their  own  accord 
help  to  propagate  heresy  in  any  manner,  or  who  take  an  active 
part  in  the  Divine  worship  of  non-Catholics,  as  forbidden  by 
Canon  1258  (Canon  2316)  ; 

2.  persons  who  contract  marriage  with  the  understanding 
that  all  or  some  of  their  children  are  to  be  raised  as  non-Catho- 
lics; parents  who  have  their  children  baptized  by  a  non-Catholic 
minister,  and  parents  and  guardians  who  have  their  charges  in- 
structed in  a  non-Catholic  sect  (Canon  2319)  ; 

3.  persons   who   desecrate  consecrated  particles    (Canon 
2320)  ; 

4.  persons  of  any  state  or  dignity  who  appeal  from  the 


PROHIBITION  FROM  LEGAL  ACTIONS  389 

laws,  decrees,  orders  of  the  Roman  Pontiff  to  a  General  Council 
(Canon  2332); 

5.  persons  who  continue  obstinately  in  the  censure  of  ex- 
communication for  one  year  (Canon  2340,  §  1); 

6.  all  persons,  not  excluding  those  in  the  episcopal  dignity, 
who  knowingly,  through  simony,  ordain  others,  or  are  ordained, 
and  minister  or  receive  the  Sacraments  (Canon  2371). 

Canon  2315  provides  that  persons  suspected  of  heresy  are 
to  be  admonished  to  remove  the  cause  of  the  suspicion,  and  if 
they  fail  to  do  so  they  are,  if  laymen,  to  be  deprived  of  the  right 
to  legal  actions;  while  a  cleric,  after  a  second  admonition,  is  to 
be  suspended  a  divinis.  All  who,  by  law,  are  suspected  of  heresy 
are,  after  having  been  admonished  and  punished  in  the  aforesaid 
manner,  considered  heretics,  and  become  liable  to  the  penalties 
for  heresy  if  they  do  not  amend  within  six  months  after  the  first 
punishment. 

VII.    Prohibition  from  Legal  Actions  Is  to  Be  Inflicted  on: 

1617.     1.  persons  suspected  to  heresy  (Canon  2315); 

2.  persons  who  have  attempted  the  crime  of  suicide  (Canon 
2350,  §  1); 

3.  men  guilty  of  rape,  even  though  there  be  the  intention 
of  marrying  the  woman,  or  who  elope  with  a  girl  of  minor  age 
without  the  knowledge  or  against  the  protest  of   parents  or 
guardians,  are  ipso  facto  deprived  of  the  right  to  legal  actions. 
(Canon  2353) ; 

4.  lay  persons,  who  have  been  lawfully  condemned  for  the 
crime  of  homicide,  of  rape  against  those    not   of    the   age    of 
puberty,  of  real  slavery  or  selling  of  a  human  individual  for  any 
evil  purpose,  usury,  robbery,  theft  of  very  large  amounts,  incen- 
diarism or  other  serious  destruction  of  property,  grave  mutila- 
tion, wounding,  violence,  are  ipso  facto  deprived  of  the  right  to 
legal  actions,  and  of  any  position  they  may  have  in  the  Church 
(Canon  2354) ; 

5.  persons  who  have  committed  public  adultery,  who  live 
in  public  concubinage,  or  have  been  lawfully  condemned  for  other 
crimes  of  impurity,  are  to  be  forbidden  the  right  to  legal  actions 
until  they  have  given  true  signs  of  repentance  (Canon  2357,  2) ; 

6.  Catholics    who    contract    a    mixed    marriage,    though 
validly,  without  a  dispensation  of  the  Church  are  ipso  facto 


390  THE  NEW  CANON  LAW 

deprived  of  the  right  to  legal  actions  and  of  the  sacramentals 
until  they  are  dispensed  by  the  Ordinary  (Canon  2375); 

7.  religious  who  apostatize  from  the  religious  life,  are  in 
addition  to  incurring  excommunication,  ipso  facto  deprived  of 
the  right  to  legal  actions  and  of  active  and  passive  vote.  (Canon 
2385.)  Cf .  Canon  2256  which  specifies  the  actions  forbidden  by 
this  prohibition. 

VIII.     Various  Other  Penalties  "Ferendae  Sententiae." 

1618.  1.  Privation  of  benefice,  dignity,  office,  pension,  or 
any  other  ecclesiastical  position,  and  infamy  of  law  is  to  be  in- 
flicted on  apostates,  heretics,  schismatics,  if  after  repeated  ad- 
monition they  do  not  amend.  (Canon  2314,  §  2.) 

2.  Laymen  who  pretend  to  hear  confessions,  or  to  say  Holy 
Mass,  are  to  be  deprived  of  any  position  they  hold  in  the  Church, 
or  any  ecclesiastical  pension.     (Canon  2322.) 

3.  Clerics  conspiring  against  the  authority  of  the  Roman 
Pontiff,  his  legates,  or  their  own  Ordinary,  and  against  their  law- 
ful orders,  are  to  be  punished  with  censures  and  deprived  of 
dignities,  offices,  benefices;  religious  shall  be  deprived  of  active 
and  passive  vote,  and  of  the  office  they  hold.    (Canon  2331,  §  2.) 

4.  Clerics  who  have  recourse  to  any  lay  authority  to  ob- 
struct the  exercise  of    ecclesiastical   jurisdiction   of    either   the 
internal  or  the  external  forum,  or  who  join  the  Masons  or  any 
other  society  of  the  same  nature,  shall,  in  addition  to  the  excom- 
munication incurred  in  virtue  of  Canons  2334  and  2335,  be 
punished  by  suspension  or  privation  of  their  benefice,  office,  dig- 
nity, pension,  or  any  other  position  in  the  Church.     Religious 
who  are  guilty  of  these  offences  shall  be  deprived  of  every  office 
and  of  active  and  passive  vote.     Clerics  and  religious  who  join 
the  Masons  or  any  other  similar  society  must,  moreover,  be  de- 
nounced to  the  Holy  Office.     (Canon  2336,  §  1.) 

5.  If  a  cleric  continues  for  six  months  in  the  censure  of 
suspension,  he  shall  be  admonished  to  amend,  and  if  one  month 
from  the  admonition  has  elapsed  without  result  he  shall  be  de- 
prived of  his  benefice  or  office.    (Canon  2340.) 

6.  Clerics  who  lay  violent  hands  on  a  Cardinal  or  Papal 
Legate  are  to  be  deprived  of  benefices,  offices,  dignities,  pensions, 
or  any  other  position  they  hold  in  the  Church.  (Canon  2343,  §  2.) 

7.  Clerics  who  usurp  or  retain  by  themselves,  or  through 


VARIOUS  PENALTIES  391 

others,  goods  and  rights  of  the  See  of  Rome,  besides  incurring 
ipso  facto  excommunication  reserved  to  the  Holy  See  speciali 
modo,  are  to  be  deprived  of  benefices,  offices,  pensions,  and  to 
be  declared  incapable  of  ever  acquiring  them.  (Canon  2345.) 

8.  Clerics  who  unjustly  appropriate  to  themselves  Church 
goods  of  any  kind,  or  consent  that  others  steal  them,  besides 
incurring  ipso  facto  excommunication  reserved  to  the  Holy  See 
simplici  modo,  are  to  be  deprived  by  their  Ordinary  of  any  bene- 
fice, and  declared  incapable  of  ever  obtaining  a  benefice,  and  to 
be  suspended  for  a  time.     (Canon  2346.) 

9.  If  a  religious  superior  or  procurator  alienates  without 
the  formalities  required  by  Canons  534,  §  1,  and  1532,  ecclesias- 
tical goods  worth  more  than  two  hundred  and  less  than  six 
thousand  dollars,  he  shall  be  punished  with  privation  of  his  office 
and  with  inability  to  acquire  other  offices;  the  Ordinary  and 
other  clerics  who  have  an  office,  benefice,  or  position  in  the 
Church  shall  pay  double  the  amount  to  the  church  or  institution 
which  they  injured;  other  clerics  shall  be  suspended  for  a  time. 
(Canon  2347,  §2.) 

10.  Clerics  guilty  of  attempted  suicide  shall  be  suspended 
for  a  time,  and  removed  from  benefices  and  offices  to  which  the 
care  of  souls  either  in  the  internal  or  external  forum  is  attached. 
(Canon  2350,  §2.) 

11.  Clerics  guilty  of  homicide,  rape  on  persons  under  the 
age  of  puberty,  selling  of  human  beings  into  slavery  or  for  any 
other  evil  purpose,  robbery,  theft  in  very  large  amounts,  incen- 
diarism or  other  serious  damage  to  property,  of  grave  mutilation, 
wounding  or  violence,  are  to  be  punished  with  penances,  censures 
and  privation  of  offices,  benefices,  dignities,  according  to  the 
amount  of  guilt.     (Canon  2354,  §  2.) 

12.  Clerics  who  falsify  letters,  decrees,  or  rescripts,  of  the 
Holy  See,  or  knowingly  make  use  of  bogus  letters,  besides  incur- 
ring ipso  facto  excommunication  reserved  to  the  Holy  See  spe- 
ciali modo,  are  to  be  deprived  of  their  benefice,  office,  dignity, 
pension;  religious  are  to  be  deposed  from  office  and  deprived  of 
active  and  passive  vote.    (Canon  2360,  §  2.) 

13.  Priests  who  do  not  attend  the  diocesan  conferences  are 
to  be  punished  by  the  Ordinary  according  to  his  judgment.    Re- 
ligious priests,  who  do  not  have  the  care  of  souls,  but  are  ap- 
proved for  confession,  are  to  be  suspended  from  hearing  con- 


392  THE  NEW  CANON  LAW 

fessions  of  seculars  if  they,  in  violation  of  Canon  131,  do  not 
appear  at  the  conferences.     (Canon  2377. ) 

14.  Clerics  bound  to  residence  in  virtue  of  the  office,  bene- 
fice, or  dignity  which  they  hold,  may  be  deprived  of  them  in  the 
manner  laid  down  in  Canons  2118-2175,  if  they  seriously  neglect 
the  obligation  of  residence.     (Canon  2381,  §  2.) 

15.  He  who,  in  violation  of  Canon  1406,  neglects  by  his 
own  fault  to  make  the  profession  of  faith  before  taking  posses- 
sion of  the  office  or  benefice,  shall,  if  he,  in  spite  of  the  admoni- 
tion by  the  Ordinary  nevertheless  continues  in  his  negligence, 
be  punished  with  privation  of  the  office  or  benefice.      (Canon 
2403.) 

16.  Those  who  are  obliged  in  virtue  of  their  office  to  write 
or  to  keep  the  records  of  the  various  ecclesiastical  Curias  or  of 
parishes,  are  to  be  punished  with  privation  of  office,  if  they 
falsify,  adulterate,  destroy,  or  hide,  the  records.     Those  who 
refuse  to  show  the  records  to  persons  entitled  to  inspect  them, 
or  to  transmit  a  copy  of  the  records  to  those  who  legitimately 
ask  for  it,  are  to  be  punished  with  privation  of  office  or  sus- 
pension  from   office,   or  with   money   fines,   according   to   the 
discretion  of  the  Ordinary.     (Canon  2406.) 

17.  Those  who  demand  fees  for  concessions  of  dispensa- 
tions, etc.,  above  the  ordinary  and  legitimate  charges  as  sanc- 
tioned by  Canon  1507,  are  to  be  punished  with  heavy  money  fines 
and  if  they  again  fail  in  the  same  matter  they  are  to  be  suspended 
or  even  removed  from  office,  besides  having  the  obligation  of 
making  restitution  of  the  money  which  they  thus  unlawfully 
received.     (Canon  2408.) 

18.  Superiors  of  religious,  both  of  men  and  women,  who 
interfere  with  the  canonical  visitation  by  intimidating,  or  other- 
wise inducing,  their  subjects  not  to  tell  the  truth,  or  who  molest 
them  for  having  spoken  freely  to  the  visitor,  are  to  be  declared 
by  the  Visitor  incapable  of  holding  office,  and  to  be  deprived  of 
the  office  they  actually  hold.     (Canon  2413.) 

19.  Superioresses  who  interfere  with  the  liberty  the  Code 
grants  in  the  matter  of  the  confessions  of  the  sisters  (Canons 
518-530),  are  to  be  admonished  by  the  Ordinary,  and,  if  they 
fail  again,  to  be  removed  from  office,  of  which  proceeding  the 
Ordinary  shall  notify  the  S.   Congregation  of  the  Religious. 
(Canon  2414.) 


INDEX  OF  SUBJECTS 

(The  numbers  refer  to  paragraphs) 


ABBOT  to  be  called  to  a  General  Coun- 
cil 154;  — in  charge  of  a  monas- 
tery must  obtain  abbatial  blessing 
from  the  bishop  within  three 
months  470;  is  suspended  from 
jurisdiction  if  he  neglects  to  receive 
the  blessing  1607,  d ;  —  nullius, 
what  the  term  signifies  206,  his 
rights  and  duties  207-209;  jurisdic- 
tion over  the  religious  346;  — nul- 
lius if  consecrated  bishop,  has  the 
same  rights  as  a  bishop  in  refer- 
ence to  ordinations  800. 

ABORTION  punished  with  excommuni- 
cation ipso  facto  reserved  to  the 
Ordinary  1602,  7;  irregularity  in- 
curred by  —  828,  4. 

ABROGATION,  how  laws  are  repealed, 
general  laws  6;  particular  law  22- 
23 ;  customs  30 ;  —  of  favors  granted 
by  rescript  47. 

ABSENCE  from  diocese  forbidden  to 
clerics  without  leave  of  the  bishop 

119,  310- 

ABSOLUTION,  priests  presuming  to  ab- 
solve from  excommunications  re- 
served to  the  Holy  See  specialis- 
simo  and  speciali  modo  incur  ex- 
communication reserved  simplici- 
ter  1601,  3;  those  who  absolve 
from  reserved  sins  without  facul- 
ties are  ipso  facto  suspended  from 
the  hearing  of  confessions  and 
those  who  hear  confessions  with- 
out jurisdiction  are  ipso  facto  sus- 
pended a  divinis  1607,  a. 

ABSTINENCE,  law  of  — ,  what  it  for- 
bids 1093 ;  abstinence  days  1095 ; 
who  is  bound  by  the  law  of  absti- 
nence 1097. 

ACCOMPLICE  in  sins  of  impurity  can- 
not be  validly  absolved  by  the  guilty 
priest  except  in  danger  of  death 


727;  priest  absolving  his  —  incurs 
ipso  facto  excommunication  re- 
served to  the  Holy  See  specialissimo 
modo  1599,  3. 

Ada  Apostolicae  Sedis,  the  official 
organ  of  the  Holy  See  9. 

ACTIONS  of  legal  persons  78;  legal  — 
what  the  term  signifies  1540;  pro- 
hibition from  —  for  certain  offences 
1617. 

ACTS  of  Plenary  and  Provincial  Coun- 
cils to  be  approved  by  the  Holy  See 
197- 

ADMINISTRATION  of  the  goods  of  re- 
ligious 3/6-382;  — of  ecclesiastical 
goods  1025-1030;  Roman  Pontiff 
supreme  administrator  1312;  bishop 
for  his  diocese  1313;  board  of  dio- 
cesan administrators  1314;  —  of 
charitable  institutions  1315-1316; 
their  duties  1317;  financial  state- 
ment 1319. 

ADMINISTRATOR  Apostolic  appointed  by 
the  Holy  See  199;  taking  posses- 
sion of  his  office  200;  rights  and 
duties  201-205 ;  by  special  faculty 
appointed  by  another  bishop  or 
archbishop  276. 

ADMISSION  into  a  religious  commun- 
ity 383 ;  —  to  services  in  church 
must  be  free  of  charge  1024. 

ADOPTION,  legal,  impediment  of  mar- 
riage 923. 

ADULTERY,  reason  for  separation  of 
married  people  972  &  973. 

ADULTS,  baptism  of  —  in  danger  of 
death  595;  formula  of  baptism  for 
—  by  permission  of  the  bishop  598. 

Advena,  what  the  term  signifies  68. 

AFFINITY,  what  constitutes  —  74 ;  im- 
pediment of  marriage  920. 
AGE,  seven  years   of  —  required  to 
become  subject  to  the  laws  of  the 


393 


394 


THE  NEW  CANON  LAW 


church  12 ;  major  —  65  &  66 ;  minor 

—  66 ;  domicile  of  minors  70 ;  im- 
pediment of  —  in  marriage  910. 

AGENT,  clerics  must  not  act  as  —  for 
property  and  goods  of  others  115. 

AGREEMENTS,  special  —  between  coun- 
tries and  the  Holy  See  remain  in 
force  3. 

ALIENATION  of  ecclesiastical  goods 
1324-1329;  — without  the  benepla- 
citum  of  the  Holy  See  punished 
with  excommunication  if  the  goods 
are  of  great  value  1603,  3. 

ALL  SOULS',  indult  to  say  three  Holy 
Masses  on  —  day  649,  all  altars  of 
churches  privileged  on  that  day  760. 

ALMS,  mendicant  Orders  living  as 
such  have  the  right  to  collect  alms 
in  their  own  diocese  466;  to  beg  in 
another  diocese  they  need  the  per- 
mission of  the  bishop  467-469. 

ALTARS,  various  kinds  1040;  material 
1041 ;  consecration  1042 ;  loss  of 
consecration  1043 ;  title  of  —  1044 ; 
bodies  must  not  be  buried  under  or 
near  the  —  1045. 

APOSTATE  from  religious  life,  defini- 
tion of  —  489  &  490. 

APOSTOLIC  SEE,  what  is  meant  by  the 
term  7. 

APPEAL  in  marriage  cases  1412-1415 ; 

—  in  removal  of  pastors  to  be  made 
to  the  Holy  See  1430 ;  —  from  cen- 
sures 1527;  —  from  punitive  penal- 
ties 1571 ;  —  from  Pope  to  General 
Council    by    any    person    punished 
with  excommunication  1600,  4;  in- 
terdict   incurred    by    university    or 
community    guilty    of    this    offence 
1604,  i. 

APPLICATION  of  Holy  Mass  by  the 
pastor  for  the  parish  311;  by  the 
bishop  for  the  diocese  220;  for  what 
persons  Holy  Mass  may  be  applied 
652. 

APPOINTMENT  to  ecclesiastical  offices 
to  be  done  in  writing  126 ;  —  of 
bishops  subject  to  Consistorial  Con- 
gregation 168;  exclusive  right  of 


the  Holy  See  213 ;  bishop  who  is  ap- 
pointed must  be  consecrated  within 
three  months  214. 

APPROVAL  of  religious  organizations 
333,  3- 

ARBITRATION,  settlement  of  dispute  by 
— 1355-1358. 

ARCHBISHOP  to  be  called  to  a  General 
Council  154;  his  rights  and  privi- 
leges in  reference  to  his  suffragans 
191 ;  convokes  Provincial  Council 
195 ;  his  duty  to  report  to  the  Holy 
See  a  suffragan  who  neglects  to 
give  Confirmation  628. 

ARCHCONFRATERNITIES,  definition  of 
—  563 ;  what  confraternities  they 
can  affiliate  564;  what  indulgences 
are  communicated  by  due  affiliation 
565 ;  conditions  for  valid  affiliation 
566. 

ARCHIVES  of  the  diocese,  how  to  be 
kept  256;  permission  to  take  out 
documents  259 ;  secret  —  how  to  be 
kept  260;  right  of  the  faithful  to 
ask  for  copy  of  documents  of  dio- 
cesan or  parochial  —  261. 

ARTS  unbecoming  to  the  clergy  for- 
bidden them  114. 

ASSISTANTS  to  the  pastor  320-322. 

ASSOCIATIONS,  what  societies  are  for- 
bidden to  the  faithful  529 ;  bishop's 
consent  for  erection  of  —  531 ;  per- 
sons elegible  for  membership ;  re- 
ligious need  permission  of  superior 
538;  when  inscribing  of  name  is  es- 
sential for  validity  539;  privation 
of  membership  541 ;  rights  of  socie- 
ties 542 ;  chaplain  and  prefect  543 ; 
suppression  544 ;  various  kinds  545 ; 
precedence  546. 

ATTEMPTED  crime,  how  far  its  guilt 
extends  1406  &  1497. 

AUXILIARY  bishop  231. 

BAIL,  clerics  forbidden  to  furnish  bail 
for  any  one  without  permission  of 
bishop  113. 

BANNS  of  marriage  to  be  announced 
by  the  proper  pastors  of  both  par- 


INDEX  OF  SUBJECTS 


395 


ties  865  &  866 ;  when  and  how  many 
times  867;  mixed  marriages  as  a 
rule  not  to  be  announced  869;  fac- 
ulty of  bishop  to  dispense  with  the 

—  871 ;  marriage  of  conscience  can 
be  allowed   only  by   the   Ordinary 
947. 

BAPTISM  makes  one  subject  to  the 
laws  of  the  Church  64;  definition 
of  solemn  and  private  —  580 ;  min- 
ister 581;  subject  588;  —  of  fetus 
589 ;  abandoned  infants  592 ;  infants 
of  infidels  593 ;  of  protestants  and 
apostates  594;  blessing  of  baptismal 
font  reserved  to  pastor  307,  7 ;  bap- 
tism of  adults  in  danger  of  death 
595 ;  of  mentally  affected  persons 
597.  Rites  and  Ceremonies :  bishop 
may  allow  formula  of  infant  bap- 
tism for  adults  598;  child  to  be 
baptized  in  Rite  of  the  parents  599 ; 
in  solemn  baptism  use  of  baptismal 
water  obligatory  600;  manner  of 
baptizing  601 ;  private  —  in  danger 
of  death  602;  name  of  Saint  to  be 
given  604 ;  Sponsors  :  should  be  em- 
ployed in  solemn  and  in  private  — 
605 ;  in  conditional  —  606 ;  condi- 
tions for  valid  sponsorship  608;  for 
licit  sponsorship  609;  extent  of 
spiritual  relationship  611;  duties  of 
sponsors  612;  Time  and  Place:  may 
be  given  any  day  615;  conditions 
under  which  solemn  baptism  may 
be  given  in  private  houses  619 ; 
Recording  and  Proof:  pastors  must 
keep  baptismal  record,  how  illegit- 
imate children  are  to  be  registered 
620;  one  witness  sufficient  to  prove 

—  622 ;  in  baptismal  record  note  to 
be  made  of  ordination  to  subdeacon- 
ship  854,  and   of   solemn   religious 
profession  421 ;  Catholics  who  have 
their    children    baptized    by    non- 
Catholic  minister  are  ipso  facto  ex- 
communicated 1602,  3. 

BEATIFICATION,  cases  of  —  subject 
to  S.  Congregation  of  Rites  173; 
process  of  —  1425. 


BELLS,  blessing  of  church  —  1012. 

BENEFICE,  definition  of  —  1252;  en- 
dowment or  revenue  1253;  various 
kinds  1254;  authority  to  erect  — 
1257;  conditions  made  by  a  bene- 
factor in  the  erection  of  —  1260; 
uniting  of  several  —  1262;  what 
benefices  the  bishop  cannot  unite 
1267,  to  unite  a  parish  with  a  re- 
ligious by  full  right  requires  per- 
mission of  the  Holy  See  1268; 
transfer  of  benefice  1269 ;  division 
of  parishes  1270  &  1271 ;  pension 
imposed  on  —  1272;  resignation  of 
— 1279. 

Beneplacitum  of  Holy  See  necessary : 
to  give  a  parish  to  a  Religious  Or- 
der, or  a  college  297;  to  reduce  an 
irremovable  parish  to  a  removable 
299 ;  for  the  founding  of  a  house  of 
exempt  religious  342;  for  contract- 
ing of  debts  by  religious  if  sum  is 
over  six  thousand  dollars  379. 

BEQUEST  in  favor  of  the  Church  1307- 
13". 

BIBLE,  publishing  the  —  or  annota- 
tions and  commentaries  without 
permission  punished  with  excom- 
munication 1603,  I. 

BINATION  of  Holy  Mass  not  allowed 
except  by  papal  indult  or  permis- 
sion of  local  Ordinary,  who  can 
grant  it  only  for  Sundays  and  holi- 
days of  obligation  and  never  for 
more  than  two  Masses  a  day  649. 

BIRTH-PLACE,  what  is  considered  one's 
birth-place  67. 

BISHOP,  dispensations  and  other  fa- 
vors refused  by  —  cannot  validly 
be  granted  by  Vicar  General  41 ; 
what  papal  rescripts  of  favors  and 
dispensations  have  to  be  shown  to 
the  —  43 ;  —  can  grant  dispensation 
from  the  common  law  when  re- 
course to  Rome  is  difficult  58;  from 
particular  laws  59 ;  residential  —  to 
be  called  to  a  General  Council  154 ; 
source  of  —  jurisdiction  210;  requi- 
sites for  candidates  for  Episco- 


396 


THE  NEW  CANON  LAW. 


pate  212;  can  exercise  jurisdiction 
after  taking  canonical  possession 
215 ;  privileges  of  all  —  230,  I ; 
proper  to  residential  —  230,  2 ;  what 
is  to  be  done  when  —  is  hindered 
in  the  exercise  of  his  jurisdiction 
274;  during  vacancy  275  &  276;  — 
not  held  to  ecclesiastical  law  in  pro- 
hibition of  books  1244;  can  dispense 
others  from  this  law  in  individual 
cases  1245 ;  —  do  not  incur  suspen- 
sions and  interdicts  latae  sententiae 
unless  they  are  explicitly  mentioned 
IS". 

BLESSING,  apostolic,  may  be  given  by 
any  priest  assisting  the  dying  313; 
blessing  of  baptismal  water  and  of 
houses  reserved  to  pastor  307,  6  & 
/;  blessing  of  baptismal  water  in 
case  of  necessity  600;  blessing  of 
sacred  utensils  —  who  has  the  fac- 
ulty 1147. 

BOOKS,  matter  of  prohibition  of  — 
subject  to  Holy  Office  167 ;  what  — 
Catholics  may  not  publish  without 
ecclesiastical  approval  and  who  is  to 
give  approval  1228;  clergy  must 
submit  also  writings  on  secular 
topics  1229;  —  on  indulgences  need 
papal  Imprimatur  1231 ;  reprints  of 
liturgical  —  1233;  translations  of 
the  Holy  Scriptures  1234;  duty  of 
the  censor  1236 ;  how  Imprimatur 
is  to  be  printed  1237;  right  of  the 
Church  to  prohibit  —  1238 ;  forbid- 
den by  law  1242;  Cardinals  and 
bishops  not  bound  by  ecclesiastical 
law  of  forbidden  —  1244;  power  of 
the  bishop  to  dispense  1245 ;  dis- 
pensation of  the  Holy  See  1246- 
1248. 

BREVIARY,  see  Divine  Office. 

BURIAL,  ecclesiastical,  bodies  of  the 
faithful  to  be  buried  in  consecrated 
ground,  cremation  forbidden  1046 ; 
what  is  meant  by  —  1047 ;  persons 
to  be  denied  —  1083  &  1084;  those 
who  give  —  to  persons  not  entitled 
are  ipso  facto  under  interdict  ab  in- 


gressu   ecclesiae   1604,  4;   see  also 
Funeral. 

BUSINESS  or  gainful  occupations  not 
to  be  conducted  by  clerics  or  by 
others  in  their  name  118. 

Camera  Apostolica,  its  rights  and  du- 
ties 182. 

CANONIZATION,  cases  of  —  subject 
to  S.  Congregation  of  Rites  173; 
process  of  —  1425. 

CARDINALS  are  to  be  called  to  a  Gen- 
eral Council  154;  creation  and  privi- 
leges of  —  161 ;  do  not  incur  penal- 
ties unless  explicitly  mentioned 
1511- 

CASES,  civil  and  criminal  of  clerics 
must  be  judged  in  the  ecclesiastical 
court,  permission  needed  to  bring 
suit  to  civil  court  97. 

CASSOCK,  see  Garb. 

CATECHETICAL  instruction,  duty  of 
pastor,  1172-1176. 

Cathedraticum,  by  whom  to  be  paid 
1298. 

CATHEDRAL  chapter,  when  it  has  the 
right  to  elect  a  vicar  capitular  276 
&277. 

CELEBRANT,  see  Mass. 

Celebret,  unknown  priests  who  wish 
to  say  Mass  in  a  church  must  ex- 
hibit —  647. 

CEMETERIES  to  be  blessed  1048;  what 
to  be  done  if  State  laws  do  not  al- 
low Catholic  —  1049 ;  exempt  re- 
ligious may  have  —  of  their  own 
1051 ;  part  to  be  reserved  for  the 
clergy  and  infants  1052;  permission 
of  bishop  needed  to  transfer  bodies 
from  —  1057;  right  of  the  faithful 
to  choose  —  for  their  burial  1066. 

CENSORSHIP,  see  Books. 

CENSURES,  when  persons  under  — 
may  or  may  not  receive  dispensa- 
tions and  favors  36;  definition  of 
—  1525 ;  what  offences  to  be  pun- 
ished with  —  1526;  appeal  from 
1527;  how  they  are  multiplied  1528; 
reserved  and  non-reserved  —  1529- 


INDEX  OF  SUBJECTS 


397 


1531 ;  absolution  in  ordinary  cir- 
cumstances 1532,  1535,  1537 ;  in  dan- 
ger of  death  1536;  in  urgent  cases 
1538 ;  three  kinds  cf  —  1539  &  1540 ; 
general  principles  of  excommuni- 
cation 1541-1551 ;  of  interdict  1552- 
1561 ;  of  suspension  1562-1569.  (See 
each  censure  under  its  own  head- 
ing.) 

CESSATION  of  delegated  jurisdiction 
138;  of  ordinary  jurisdiction  139. 

CHANCELLOR,  his  appointment  and  of- 
fice in  the  diocese  253. 

CHAPLAIN,  military  296;  of  church 
societies  and  confraternities  543 ; 
of  institutions  309,  324,  374. 

CHARITY,  obligation  of  the  religious 
to  support  a  needy  woman  for  some 
time  after  she  has  been  dispensed 
from  religious  vows  488. 

CHILDREN  under  seven  years  of  age 
not  subject  to  purely  ecclesiastical 
laws  12,  65 ;  conditions  under  which 
they  are  to  be  admitted  to  Holy 
Communion  697;  — under  age  of 
puberty  do  not  fall  under  censures 
latae  sententiae  1514. 

CHRISTMAS,  indult  to  say  three  Holy 
Masses  649,  and  to  take  stipend  for 
each  667;  indult  to  say  three 
Masses  at  midnight  in  religious  and 
pious  institutions  and  to  give  Holy 
Communion  664. 

CHURCH,  Catholic,  has  independent 
right  to  choose  men  for  ranks  of 
the  clergy  86;  what  is  meant  in  law 
by  the  term  church  1004;  churches 
cannot  be  built  without  consent  of 
local  Ordinary  1005 ;  blessing  of 
corner  stone  reserved  to  Ordinary 
or  major  religious  superior  1006; 
must  be  blessed  before  services  can 
be  held  in  —  1008;  consecration 
1009;  titular  feast  1010  &  ion ;  loss 
of  consecration  and  blessing  1013, 
1015 ;  reconciliation  of  desecrated 
—  1019  &  1020;  what  is  forbidden 
in  —  1021;  right  of  refuge  1022; 
admission  to  services  must  be  free 


of  charge  1024;  church  goods  and 
their  administration  1025-1030; 
those  who  celebrate  in  an  inter- 
dicted —  or  admit  publicly  cen- 
sured clerics  to  officiate  incur  the 
interdict  ab  ingressu  ecclesiae  1604, 

2. 

CLERGY,  by  Divine  right  distinct  from 
the  laity  84. 

CLERICS  are  called  those  who  have 
First  Tonsure,  various  degrees  85 ; 
must  belong  either  to  a  diocese  or 
a  religious  community  88;  rights 
and  privileges  95-99;  —  in  major 
orders  cannot  validly  contract  mar- 
riage 108,  915 ;  must  say  the  Divine 
Office  in;  outward  appearance 
112;  forbidden  to  indulge  in  games 
of  chance;  to  go  to  saloons  114; 
forbidden  without  bishop's  consent 
to  go  bail  for  any  person  113;  not 
allowed  to  practice  medicine  and 
surgery,  not  to  run  for  public  offices 
115;  must  keep  away  from  improper 
theatricals,  shows,  dances  116;  not 
conduct  secular  business  118;  must 
keep  residence  118  &  119;  punish- 
ment for  breaking  the  law  of  resi- 
dence 1452-1459;  how  —  are  re- 
duced to  the  lay  state  142  &  143. 

CLOSED  season  for  marriage  951. 

COADJUTOR  bishops  231-236. 

COLLEGE,  superior  of  a  —  not  to  hear 
confessions  of  pupils  734, 

COMMON  LAW,  see  Law. 

COMMUNICATION  of  privileges,  gen- 
eral principle  49 ;  between  Religious 
Orders  abolished  458.  (Communi- 
cation in  Divine  services  of  non- 
Catholics,  see  Heresy.) 

COMMUNION,  regulation  for  Holy  — 
of  religious  merely  directive  440; 
priest  ordinary  minister  of  — ,  dea- 
con with  bishop's  or  pastor's  per- 
mission for  grave  reasons  688 ;  be- 
fore and  after  private  Mass  689 ;  de- 
votional —  of  the  sick  not  reserved 
to  pastor  692;  Holy  Viaticum  is 
parochial  right  693;  in  case  of 


398 


THE  NEW  CANON  LAW 


necessity  priest  can  give  to  the  sick 
hosts  consecrated  by  a  Rite  differ- 
ent from  his  694;  admittance  of 
adults  696 ;  of  children  697 ;  who  is 
not  to  be  admitted  698;  confession 
necessary,  if  in  mortal  sin  and 
there  is  a  possibility  699 ;  only  once 
a  day  may  —  be  received  700; 
eucharistic  fast  and  dispensation 
for  certain  cases  of  illness  701 ; 
Easter  —  obligatory  702;  frequent 

—  urged  706;  obligation  to  receive 
in  danger  of  death  707 ;  —  may  be 
received  in  any  Rite  even  for  Easter 
duty  709 ;  during  Mass  priest  must 
not  go  out  of  sight  of  altar  to  give 

—  711;    may    be    given    wherever 
Holy  Mass  is  allowed  to  be  said 
712 ;  may  be  given  every  day  except 
Good  Friday,  and  on  Holy  Saturday 
only  during  the  Mass  or  immedi- 
ately after  it  710. 

COMPETENCY,  controversy  relative  to 
the  competency  of  the  S.  Congrega- 
tions and  offices  of  the  Roman  Cu- 
ria, how  to  be  decided  165. 

COMPROMISE  by  arbitration  1355. 

CONCORDATS  between  the  Holy  See 
and  nations  remain  in  force  3. 

CONCUBINAGE,  manner  of  procedure 
against  clerics  living  in  — 1460- 

1465- 

CONDITION  under  which  rescripts  are 
valid  39;  marriage  impediment  of 

—  attached  to  the  consent  935. 
CONFERENCES,   diocesan,   must  be  at- 
tended by  all  pastors  and  assistants 
both  secular  and  religious  107 ;  con- 
ference of  bishops  of  a  Province  to 
be  held  every  five  years  198. 

CONFESSION,  duty  of  the  clergy  to  go 
frequently  to  —  101 ;  —  required  as 
a  condition  for  indulgences  774; 
Confession  of  religious:  (i)  in 
clerical  Orders  and  congregations : 
confessors  to  be  appointed  for  each 
house,  superior  not  to  hear  confes- 
sions of  his  subjects  363;  subjects 
also  of  exempt  Orders  may  law- 


fully confess  to  any  approved  priest 
of  the  diocese  for  the  sake  of  peace 
of  conscience  364 ;  (2)  in  houses  of 
sisters :  a  confessor  to  be  ap- 
pointed; a  special  confessor  not  to 
be  refused  when  asked  for  by  a 
sister  365 ;  an  extraordinary  con- 
fessor for  each  house,  other  priests 
to  be  given  faculties  to  hear  the 
sisters  so  that  they  can  be  called 
when  a  sister  wants  a  special  con- 
fessor 366;  in  any  church,  public 
or  semi-public  oratory  the  sisters 
may  confess  to  any  priest  approved 
in  the  diocese  367;  at  the  time  of 
serious  illness  any  approved  priest 
may  be  called  by  the  sister  368; 
otherwise  special  approval  is  neces- 
sary to  validly  hear  confession  in 
a  Convent  719;  regulations  regard- 
ing the  appointment  of  ordinary  and 
extraordinary  confessor  369-372; 
(3)  in  laical  religious  organizations 
of  men :  an  ordinary  and  extraor- 
dinary to  be  appointed  373 ;  if  the 
Order  is  exempt,  the  superior  de- 
signates the  confessor  374.  Mani- 
festation of  conscience  not  to  be 
demanded  by  superior  375  ;  religious 
shall  confess  once  a  week  440,  3. 
Persons  not  ordained  priests  pre- 
suming to  hear  confessions  are  ex- 
communicated 1600,  3 ;  priests  who 
hear  without  jurisdiction  are  ipso 
facto  suspended  a  divinis,  1607,  a. 

CONFIRMATION,  how  to  be  given  623 ; 
holy  chrism  must  be  blessed  by  a 
bishop;  anointing  not  to  be  done 
with  instrument  624;  bishop  in  his 
diocese  may  also  confirm  non-sub- 
jects 626;  obligation  of  bishop  to 
administer  —  628 ;  conditions  for 
valid  and  licit  —  629;  obligation  to 
receive  —  630;  age  631;  sponsor 
to  be  employed,  should  not  present 
more  than  two  candidates  636  & 
637;  conditions  for  valid  sponsor- 
ship 638;  conditions  for  licit  spon- 
sorship 639;  spiritual  relationship 


INDEX  OF  SUBJECTS 


399 


and  duties  640;  record  and  proof 
of  —  641-643.  Priest  who  attempts 
to  give  —  without  papal  indult  is 
to  be  suspended  1613,  8. 

CONFRATERNITIES,  definition  of  —  552; 
must  be  erected  by  formal  decree 
553 1  only  one  of  the  same  kind  in 
one  place,  though  bishops  may  al- 
low several  in  large  cities ;  certain 
confraternities  to  be  established  in 
every  parish  556;  —  forbidden  to 
be  erected  in  churches  and  chapels 
of  religious  women  557 ;  special  per- 
mission of  bishop  needed  for  wear- 
ing habit  of  —  in  sacred  functions 
558;  bishop  has  right  to  confirm  or 
annul  the  election  of  officers  by  the 
—  560;  administration  of  their 
goods  562. 

CONGREGATIONS,  Roman,  166-177. 

CONGREGATIONS,  religious,  of  papal 
law,  definition  of  —  333,  3;  right 
of  visitation  by  the  bishop  of  cler- 
ical and  laical  —  357,  2  &  3 ;  Procu- 
rator General  in  Rome  362 ;  how  far 
they  are  subject  to  the  bishop  in 
financial  affairs  380;  how  far  they 
are  exempt  from  the  jurisdiction  of 
the  bishop  463 ;  need  permission  of 
the  Holy  See  to  go  in  quest  of  alms. 
467. 

CONSANGUINITY,  how  degrees  are  fig- 
ured 73 ;  impediment  of  —  for  mar- 
riage 919. 

CONSCIENCE,  questions  of  —  decided 
by  S.  Penitentiary  178;  marriage 
of  —  047-950. 

CONSECRATIONS  can  be  performed  by 
bishop  or  by  priest  with  papal  in- 
dult 990;  are  invalid  unless  given  in 
the  prescribed  form  991;  — of  a 
bishop  without  the  permission  of 
the  Holy  See  punished  with  sus- 
pension 1605,  a. 

CONSENT,  rules  for  actions  in  which 
the  —  of  others  is  required  82. 

CONSENT,  matrimonial,  marriage  ef- 
fected by  —  924;  what  knowledge 
is  necessary  for  valid  —  925 ;  im- 


pediment of  error  926-928 ;  if  essen- 
tial qualities  of  marriage  are  posi- 
tively excluded  —  is  invalid  929 ; 
impediment  of  fear  or  force  930 ; 
consent  to  be  given  in  words  if  par- 
ties are  able  to  speak  931;  — by 
proxy  932;  condition  attached  to 

—  935  5    —  supposed    to   persevere 
even  if  marriage  is  invalid  by  some 
impediment  936. 

CONSTITUTIONS,  changes  in  the  —  of 
diocesan  religious  congregations 
340. 

CONSULTORS,  diocesan,  to  be  appointed 
in  dioceses  where  there  is  no  cathe- 
dral chapter  268 ;  nomination  by  the 
bishop  269;  271,  their  number  270; 
duration  of  office  271 ;  take  the  place 
of  the  cathedral  Chapter  and  have 
the  same  rights  in  government  of 
the  diocese  as  the  Chapter  272;  re- 
moval of  consultors  273. 

CONSULTORS,  parochial,  their  appoint- 
ment and  number  262;  new  ap- 
pointments 263 ;  duration  of  office 
264 ;  removal  from  office  265 ;  du- 
ties 266;  in  the  same  case  one  per- 
son cannot  act  as  both  examiner 
and  parochial  consultor  267. 

CONTRACTS,  how  far  error  in — affects 
the  transaction  81 ;  civil  law  on  — 
to  be  followed  in  ecclesiastical  mat- 
ters 1323 ;  conditions  prescribed  for 

—  concerning     immovable     goods 
1324;  what  superior  can  give  per- 
mission 1326  &  1327;  donations  by 
rector  from  church  goods,  how  far 
allowed  1329 ;  sale  of  church  goods, 
how  to  be  conducted  1333  &  13345 
leasing  of  church  property  1335  & 
1336 ;  loan  from  church  goods  1337. 

CORNER  Stone,  blessing  of,  reserved  to 
local  Ordinary  for  non-exempt 
churches,  to  religious  superior  for 
exempt  churches  1006. 

COUNCIL,  General,  cannot  be  held  ex- 
cept by  authority  of  Roman  Pontiff 
!53 ;  persons  to  be  called  to  —  154  & 
155 ;  Provincial  and  National  sub- 


400 


THE  NEW  CANON  LAW 


ject  to  approval  by  S.  Congregation 
of  the  Council  170;  Holy  See  ap- 
points a  Legate  to  Plenary  —  192; 
persons  to  be  called  to  Plenary  — 
193;  Provincial  —  to  be  held 
every  twenty  years  194;  archbishop 
convokes  Provincial  —  195 ;  per- 
sons to  be  called  to  Provincial  — 
196. 

COURT,  ecclesiastical,  matters  subject 
to  trial  by  —  I347J  persons  forcing 
into  the  civil  —  a  Cardinal,  papal 
Legate,  their  own  Ordinary,  incur 
excommunication  speciali  modo  re- 
served to  the  Holy  See  1600,  7 ; 
bishops,  abbots,  supreme  superiors 
of  religious  orders,  excommunica- 
tion reserved  simpliciter  1601,  5 » 
'  clerics  who  without  permission  sue 
a  cleric  or  religious  in  civil  —  are 
ipso  facto  suspended  from  office 
1606,  a. 

CRIME,  impediment  of  marriage  918. 

Curia,  diocesan,  persons  constituting 
—  244;  persons  to  be  nominated  in 
writing,  must  take  oath  245  &  246. 

CUSTOMS,  immemorial,  remain  unless 
explicitly  rejected  by  the  Code ; 
ordinary  —  contrary  to  laws  of  the 
Code  are  abolished  5 ;  —  to  become 
law  need  consent  of  legislator  25 ; 
who  can  introduce  —  26 ;  conditions 
for  —  contra  jus  27 ;  praeter  jus  28 ; 
abrogation  of  —  30. 

DANGER,  laws  passed  to  safeguard 
against  common  —  of  sin  oblige 
also  those  for  whom  by  exception 
there  is  no  danger  21 ;  in  —  of 
death  any  priest  may  absolve  from 
all  sin  and  censures  725. 

Dataria  Apostolica,  rights  and  duties 
of  this  office  181. 

DAY,  means  in  law  a  period  of  twen- 
ty-four consecutive  hours  32. 

DEAN,  appointed  by  bishop  290;  re- 
movable at  will  of  bishop  291 ;  his 
duty  of  inspection,  in  illness  or 
death  of  pastor  292 ;  in  reference 


to  Conferences  293;  report  to  the 
bishop  294 ;  seal  of  the  deanery  295. 

DEANERIES,  diocese  to  be  divided  into 
—  districts  by  bishop  148. 

DEBTS,  clergy  must  not  delay  to  pay 
their  —  99;  religious  forbidden  to 
contract  —  over  six  thousand  dol- 
lars without  permission  of  the  Holy 
See  379;  who  is  liable  for  —  con- 
tracted by  religious  381. 

Decimae  1296. 

Defensor  vinculi,  his  rights  in  mar- 
riage cases  1393-1395,  1410;  duty  to 
appeal  1412. 

DEGRADATION,  by  penalty  of  —  cleric 
is  reduced  to  the  lay  state  142 ;  how 
the  penalty  is  to  be  inflicted  1589; 
crimes  for  which  —  is  to  be  in- 
flicted 1614. 

DEGREES  of  consanguinity  how  to  be 
figured  73;  of  affinity  74;  academi- 
cal —  in  ecclesiastical  institutions 
of  learning  subject  to  S.  Congrega- 
tion of  Seminary  and  University 
studies  176. 

DELEGATE  Apostolic,  his  rights  and 
duties  187;  expiration  of  office  188; 
privileges  189. 

DELEGATE  in  the  execution  of  rescripts 
of  dispensations  and  other  favors 
46,  —  who  acts  beyond  his  commis- 
sion acts  invalidly  134 ;  what  —  has 
power  when  several  are  appointed 
for  the  same  affair  136  &  137. 

DELEGATED  jurisdiction,  when  and  how 
ordinary  jurisdiction  can  be  dele- 
gated 130;  — in  solidum  and  col- 
legialiter  136;  how  it  ceases  138, 
power  of  orders  cannot  be  dele- 
gated 141. 

DEPARTURE  from  religious  life  per- 
mitted at  expiration  of  temporary 
vows  482. 

DEPOSITION  of  a  cleric  1587  &  1588; 
crimes  for  which  it  is  to  be  inflicted 
1618. 

DEPUTY,  clerics  not  allowed  to  seek 
office  of  —  without  permission  of 
bishop  115. 


INDEX  OF  SUBJECTS 


401 


DESECRATION  of  a  church  by  certain 
crimes  1015. 

DIMISSORIAL  Letters  of  secular  clergy 
801-806;  of  religious  807-810; 
clerics  ordained  without  —  are  ipso 
facto  suspended  1607,  b. 

DIOCESAN  Religious  Congregations, 
what  are  —  333,  3 ;  conditions  under 
which  bishop  can  erect  —  337 ;  can- 
not be  suppressed  except  by  the 
Holy  See  338;  bishop  can  demand 
financial  statement  380. 

DIOCESE,  erection  of  —  reserved  to  the 
Holy  See  146,  168;  division  of  — 
into  parishes  147. 

DISMISSAL  of  novices  416;  crimes  by 
which  a  religious  is  dismissed  if>so 
facto  491 ;  of  religious  in  temporary 
vows  in  any  Order  or  congregation 
492 ;  by  —  temporary  vows  are  dis- 
solved 493 ;  —  of  religious  in  per- 
petual vows  in  non-exempt  clerical 
and  all  laical  orders  494-498;  — of 
religious  in  perpetual  or  in  solemn 
vows  in  exempt  Orders  and  congre- 
gations 499-513;  status  of  dismissed 
religious  who  had  perpetual  vows 
514-517. 

DISPARITY  of  cult  subject  to  Holy  Of- 
fice 167;  impediment  of  marriage 
913 ;  dispensation  not  valid  unless 
the  promises  are  made  and  there  is 
grave  reason  to  dispense  904,  914; 
Pauline  privilege  cannot  be  made 
use  of  in  marriages  with  dispensa- 
tion from  —  963 ;  no  formal  trial 
needed  to  declare  marriage  invalid 
on  account  of  —  1416. 

DISPENSATION,  who  may  receive — 36; 
rescripts  of  —  in  marriage  impedi- 
ments 39,  885,  897 ;  if  asked  of  one 
Roman  Congregation  and  refused, 
it  cannot  be  asked  of  another  or  of 
the  bishop  40;  —  refused  by  the 
Vicar  General  cannot  validly  be 
granted  by  the  bishop  unless  the 
petitioner  mentions  refusal  of  Vicar 
41 ;  rules  concerning  —  of  marriage 
impediments  886-900;  who  can 


grant  —  from  the  common  law 
57  &  58;  from  particular  laws  59; 
how  —  should  be  given  61 ;  inter- 
pretation of  —  62;  cessation  of  — 
63;  — of  the  Holy  See  dissolves 
matrimonium  ratum  non  consuni- 
matum  of  Christians  962 ;  —  of  vows 
1155  &  1156. 

DIVINE  Office,  clerics  in  major  orders 
are  obliged  sub  gravi  to  say  —  1 1 1 ; 
must  be  said  in  choir  by  all  relig- 
ious having  the  obligation  of  the 
choir ;  solemn  professed  also  bound 
to  private  recitation  455. 

DOCUMENTS,  stealing,  destroying,  etc. 
of  —  of  episcopal  archives  punished 
with  excommunication  reserved  to 
the  Holy  See  simplicitcr  1601,  n. 

DOMICILE,  persons  who  have  —  or 
quasi-domicile  in  a  diocese  are  held 
to  the  particular  laws  13;  — of 
parents  determines  birth-place  of 
children  67 ;  how  a  —  is  acquired 
69;  — of  wife  and  minors  70;  by 

—  person  obtains  proper  Ordinary 
and  pastor  71 ;  loss  of  —  72. 

DONATIONS,  by  religious  to  be  made 
only  by  way  of  alms  382;  by  pre- 
lates and  rectors  from  church  goods 
1329 ;  —  to  rectors  of  churches 
generally  presumed  to  be  for  the 
church  1330. 

DOUBT,  in  positive  and  probable  — 
the  Church  supplies  jurisdiction 
140. 

DOWRY  to  be  furnished  by  candidates 
in  sisterhoods  before  novitiate  392; 
it  is  acquired  by  the  religious  com- 
munity at  the  death  of  the  sister 
393;  investment  of  —  and  account 
to  be  given  to  bishop  394  &  395 ; 

—  to  be  returned  to  a  sister  who 
leaves  religious  life  396. 

DUEL,  excommunication  reserved  to 
Holy  See  simpliciter  1601,  8. 

EASTER  Communion  obligatory  for  all 
who  have  reached  the  years  of  dis- 
cretion 702;  for  children  obligation 


402 


THE  NEW  CANON  LAW 


rests  chiefly  with  parents  703;  may 
be  received  in  any  Rite  and  church 
though  preferable  in  one's  own  709. 

Economus  takes  care  of  the  temporal 
affairs  of  the  diocese  287  &  288;  in 
religious  communities  the  local  su- 
perior may  in  case  of  necessity  hold 
the  office  of  —  but  the  Provincial 
and  General  superior  may  not  361. 

ENCLOSURE,  papal,  of  obligation  in  all 
houses  of  solemnly  professed  relig- 
ious, Provincial  and  General  have 
the  right  to  fix  the  limits,  in  houses 
of  nuns  with  solemn  vows  the 
bishop  has  right  to  indicate  limits 
442;  who  may  or  may  not  be  ad- 
mitted inside  —  443;  special  rules 
for  —  of  nuns  445-448 ;  —  in 
houses  of  sisters  with  simple  vows 
449 ;  permission  of  the  Holy  See  re- 
quired for  absence  of  religious  over 
six  months  except  for  cases  of 
study  451 ;  violation  of  —  punished 
with  excommunication  1601,  6;  ex- 
ceptions for  highest  ruler  of  coun- 
try, for  workmen,  doctors,  etc.  443 
&  445- 

ENGAGEMENT  of  marriage,  conditions 
for  its  validity  860. 

EQUITY  demands  that  a  religious 
woman  if  poor  be  supported  for 
some  time  after  leaving  the  relig- 
ious community,  bishop  to  decide 
in  case  of  disagreement  488. 

ERROR  in  rescripts  of  dispensations 
and  favors  42 ;  —  in  actions  of 
legal  bodies  81 ;  in  common  — 
Church  supplies  jurisdiction  140; 
under  what  conditions  —  invali- 
dates marriage  consent  926-928. 

EUCHARISTIC  fast  for  priest,  subject 
to  Holy  Office  167;  to  be  observed 
from  midnight  651 ;  priests  to  be 
suspended  if  they  celebrate  without 
keeping  the  —  1613,  3. 

EUCHARIST,  Blessed,  definition  of  — 
—  644;  Holy  Mass  645-687,  see 
Mass ;  Eucharist  as  Sacrament  688- 
712,  see  Communion.  In  what 


churches  —  may  be  kept  1108-1110, 
how  it  is  to  be  kept  1111-1116;  pri- 
vate exposition  1117. 

EXAMINATION,  newly  ordained  priests 
must  pass  annual  —  for  three  years 
106;  — by  bishop  of  candidates  for 
novitiate  and  profession  in  sister- 
hoods 397;  — before  bishop  of  all 
candidates  for  orders  839-840;  for 
approval  for  confessions  717. 

EXAMINERS,  synodal,  appointment  and 
number  262 ;  new  appointments  263 ; 
duration  of  office  264;  removal 
from  office  265 ;  duties  266 ;  may  be 
also  parochial  consultors  not,  how- 
ever, in  the  same  case  267 ;  their 
part  in  the  removal  of  pastors  1428. 

EXCARDINATION,  letter  of  perpetual 
and  unconditional  —  required  be- 
fore incardination  in  another  dio- 
cese 89;  Vicar  General  cannot  is- 
sue letters  of  —  without  special 
mandate  90 ;  —  effected  by  perpet- 
ual vows  92,  430 ;  —  takes  effect 
only  at  the  moment  of  incardination 
in  another  diocese  93. 

EXCOMMUNICATION,  when  persons 
under  —  may  or  may  not  receive 
dispensations  and  favors  36;  defini- 
tion of  —  1541 ;  vitandus  and  tolera- 
tus  1542;  what  is  forbidden  to  per- 
sons under  —  i 543-1547,  1549 ',  con- 
cerning the  exercise  of  jurisdiction 
of  excommunicated  priests  1548; 
excommunicatus  vitandus  1550  & 
1551 ;  —  reserved  to  the  Holy  See 
specialissimo  modo  1599;  speciali 
modo  1600 ;  simpliciter  1601 ;  re- 
served to  the  Ordinary  1602 ;  not  re- 
served 1603 ;  persons  aiding  or  abet- 
ting an  excommunicatus  vitandus 
fall  into  —  reserved  to  the  Holy 
See  simpliciter  1601,  4 ;  —  ferendae 
sententiae  1611. 

EXECUTOR  in  rescripts  43  &  46. 

EXEMPTION,  bishop  may  exempt  re- 
ligious houses  and  pious  institutions 
from  jurisdiction  of  pastor  309;  re- 
ligious organizations  having  the 


INDEX  OF  SUBJECTS 


403 


privilege  of  — 345;  extent  of  the 
bishop's  right  of  visitation  of  ex- 
empt religious  357;  Orders  of  men 
and  women  with  solemn  vows  are 
exempt  460 ;  the  religious  must  obey 
the  bishop's  law  concerning  Mass 
stipends  674. 

EXPOSITION  of  Blessed  Sacrament, 
public  and  private  when  allowed 
1117;  Forty  Hours  1118. 

FACULTIES  granted  to  bishop  belong 
also  to  Vicar  General,  how  they  are 
to  be  interpreted  50;  how  they  are 
conceded  and  how  they  are  to  be 
used  132 ;  —  for  the  internal  forum 
do  not  cease  if  one  did  not  advert 
to  expiration  of  —  138;  — of  Car- 
dinals 161;  — of  bishops  230. 

FAST  and  abstinence  days  for  the  Uni- 
versal Church  appointed  exclusively 
by  the  Holy  See  1087;  power  of 
bishop,  pastor,  religious  superior  to 
dispense  1088 ;  law  of  fast  1094 ; 
fast  and  abstinence  days,  and  fast 
only  1095 ;  who  is  bound  to  law  of 

—  1097- 

FAVORS,  who  may  receive  —  36;  if 
asked  of  one  Roman  Congregation 
and  refused  they  cannot  be  asked 
of  another  or  of  the  bishop  40;  if 
refused  by  the  Vicar  General  they 
cannot  be  asked  of  the  bishop  with- 
out making  known  refusal  of  the 
Vicar  41 ;  how  the  power  to  bestow 

—  is  to  be  used  132. 

FEAR,  actions  of  legal  bodies  done  by 
grave  unjust  —  may  be  annulled  80 ; 
clerics  who  receive  major  orders 
through  —  are  free  from  the  obli- 
gations of  sacred  orders  108,  145; 
marriage  contracted  through  —  is 
invalid  930. 

FEES,  besides  the  customary  stole — 
no  charges  can  be  made  for  the 
administration  of  the  Sacraments 
579 ;  see  Tax. 

Fetus,  baptism  of  the  —  in  difficult 
child-birth  589-591. 


FORCE,  how  it  affects  actions  of  legal 
bodies  80 ;  those  who  —  another  to 
enter  religious  life  or  the  clerical 
state  are  ipso  facto  excommunicated 
1603,  4. 

FORM  of  marriage  contract,  before 
proper  pastor  or  Ordinary  and  two 
witnesses  937;  conditions  for  valid 
assistance  of  pastor  and  Ordinary 
938;  delegation  to  assist  939;  con- 
ditions for  licit  assistance  940 ;  mar- 
riage without  bishop  or  priest  941 ; 
persons  bound  to  Catholic  —  of 
marriage  942. 

FORTY  Hours  devotion  1118. 

Forum,  clerics  enjoy  the  privilege  of 
the  ecclesiastical  —  97  &  99;  juris- 
diction of  the  internal  and  external 

—  J33J  jurisdiction  of  the  internal 

—  does  not  cease  in  case  of  inad- 
vertence to  expiration  of  faculties 
138 ;  S.  Penitentiary  grants  faculties 
for  internal  —  178. 

FOUNDATION,  pious,  definition  of  — 
J338;  permission  of  Ordinary  re- 
quired to  accept  —  1340;  to  be 
made  in  writing  1342 ;  in  churches 
of  exempt  religious  major  superior 
has  charge  of  —  1344 ;  reduction  of 
obligations  1345. 

FUGITIVE  from  religious  life,  defini- 
tion of  —  489;  if  cleric  in  major 
orders  he  is  ipso  facto  suspended 
1606,  b. 

FUNERAL  services  reserved  to  pastor 
307,  5 ;  if  possible  the  body  is  to  be 
brought  to  church  1058;  which 
church  is  entitled  to  the  — 1059  & 
1060;  when  a  person  dies  outside 
his  parish  1061 ;  —  of  Cardinals 
and  bishops  1062;  —  of  religious 
1064;  right  of  Catholics  to  choose 
any  church  for  —  1066;  exceptions 
for  children  and  professed  reli- 
gious 1067;  further  particulars  for 
choice  of  church  for  —  1068-1072; 
obligation  of  priest  to  accompany 
body  to  cemetery  1074;  clergy  not 
to  carry  body  of  lay  people  of 


404 


THE  NEW  CANON  LAW 


any  rank  1076;  funeral  charges 
to  be  regulated  by  the  bishop 
1077;  the  poor  to  be  buried  free 
of  charge  1078;  part  of  —  fees 
due  to  proper  pastor  if  deceased 
wished  to  be  buried  from  another 
church  1079  &  1080;  record  of 
the  deceased  1081 ;  persons  to  whom 
ecclesiastical  —  is  to  be  denied 
1082-1084;  excommunication  against 
those  who  force  burial  from  church 
of  persons  not  entitled  to  ecclesi- 
astical burial  1603,  2;  those  who 
of  their  own  accord  give  ecclesias- 
tical burial  to  persons  not  so  en- 
titled incur  ipso  facto  interdict  ab 
ingressu  ecclesiae  1604,  4. 

GAMES  of  chance  forbidden  to  the 
clergy  114. 

GARB,  clerics  are  obliged  to  wear 
clerical  attire  112;  penalties  feren- 
dae  sententiae  for  breaking  this  law 

t  1613,  12. 

GOODS,  temporal,  of  religious  Orders 
and  congregations,  right  to  acquire 
and  possess —  376;  power  of  admin- 
istration of  the  superior  377 ;  condi- 
tions under  which  sisterhoods  may 
make  investments  378 ;  for  contract- 
ing of  debts  over  six  thousand  dol- 
lars beneplacitum  of  the  Holy  See 
is  required  379;  annual  account  of 
finances  to  be  given  to  bishop  by 
sisters  in  solemn  vows,  by  diocesan 
congregations  and  also  by  other 
religious  if  they  handle  parish 
and  charity  funds  380;  liability  for 
debts  381 ;  donations  by  religious 
382;  renunciation  of  —  by  novices 
invalid  413 ;  when  and  how  renun- 
ciation is  to  be  made  425  &  426; 
obligation  of  solemnly  and  simply 
professed  427  &  428;  common 
treasury  439 ;  concerning  —  of  a  re- 
ligious in  case  of  transition  to  an- 
other Order  480.  Temporal  goods 
of  the  Church,  right  of  the  Church 
to  acquire  and  possess  1289;  right 
to  demand  support  from  the  people 


1290;  ownership  1293;  private  indi- 
viduals collecting  for  church  pur- 
poses need  authorization  1297 ;  ca- 
thedraticum,  by  whom  to  be  paid 
1298;  seminary  tax,  by  whom  to  be 
paid  1299;  bequests  in  favor  of  the 
Church  1307-1309;  administration 
1312-1322;  alienation  1324-1329; 
mortgage  1332;  persons  who  un- 
justly retain  —  are  ipso  facto  ex- 
communicated 1601,  7. 

HABIT,  religious  obliged  to  wear  the 
—  441. 

HERESY,  definition  of  —  1168;  excom- 
munication of  heretics  1600,  i ;  sus- 
picion of  —  for  certain  offences 
1616,  other  penalties  inflicted  for 
heresy  1618,  i. 

HOLIDAYS  of  obligation  for  Universal 
Church  appointed  by  Holy  See  ex- 
clusively; bishops  per  modum  actus 
1087 ;  power  of  bishop  and  pastor  to 
dispense  1088;  number  of  —  in 
Universal  Church  except  where  spe- 
cial arrangement  has  been  made  by 
Holy  See  1090;  obligation  of  hear- 
ing Mass  and  rest  from  servile 
work  1091  &  1092. 

HOLY  SEE,  what  is  meant  by  the  term 
7;  powers  reserved  to  —  in  the 
erection  of  dioceses  146;  in  the  es- 
tablishment of  diocesan  religious 
congregations  337;  in  the  erection 
of  Provinces  of  religious  339;  ex- 
communication reserved  speciali 
modo  for  impeding  the  exercise  of 
—  or  its  Legate  and  for  usurpation 
of  the  goods  and  rights  of  the  — 
1600,  5  &  9. 

HONESTY,  public,  diriment  impediment 
of  marriage  921. 

HOSPITAL,  see  Institutions. 

HOSTS,  abuse  of  consecrated  —  pun- 
ished with  excommunication  re- 
served to  Holy  See  specialissimo 
modo  1599,  i. 

HOUSE,  various  kinds  of  religious 
houses  333,  5;  permission  of  dioce- 


INDEX  OF  SUBJECTS 


405 


san  and  other  congregations  to  es- 
tablish —  given  by  bishop  340; 
exempt  religious  need  both  bishop's 
permission  and  that  of  the  Holy 
See  342 ;  opening  of  schools  and 
charitable  institutions  subject  to 
bishop  342;  suppression  of  a  re- 
ligious —  343. 

HUNTING  on  a  large  scale  forbidden 
to  the  clergy  114. 

IGNORANCE  of  invalidating  or  inhabili- 
tating  laws  does  not  excuse  from 
invalidity  of  the  actions  16;  how 
far  —  affects  the  responsibility  for 
offences  1486;  how  far  it  excuses 
from  the  penalties  of  law  1513. 

ILLEGITIMATES,  when  are  children  con- 
sidered —  957-90O;  — cannot  be 
promoted  to  Cardinalate,  Episcopate 
212 ;  same  rule  applies  to  abbots  and 
prelates  nulli-us;  cannot  be  major 
superiors  in  religious  Orders  349. 

ILLNESS  no  reason  for  dismissal  of  re- 
ligious 492;  person  ill  for  a  month 
may  receive  Holy  Communion  twice 
a  week  without  fasting  701. 

IMPEDIMENTS  of  marriage,  some  — 
subject  to  Holy  Office  167 ;  to  the  S. 
Congregation  of  the  Sacraments 
169;  — of  major  and  minor  degree 
885;  public  and  occult  880;  faculty 
of  dispensation  of  bishop  and  priest 
in  danger  of  death  886  &  887;  fa- 
culty of  bishop  and  priest  in  per- 
plexing cases  888  &  889;  rules  for 
interpretation  of  dispensations  890- 
900;  legitimation  of  offspring  894; 
impedient  —  901  &  902 ;  mixed  mar- 
riages are  strictly  forbidden  903 ; 
conditions  under  which  mixed  mar- 
riages are  permitted  904-907;  diri- 
ment —  910-935 ;  form  of  contract 
937-946;  Pauline  privilege  963-970. 

IMPOTENCE,  impediment  of  marriage 
91 1 ;  manner  of  proving  invalidity  of 
marriage  for  reason  of  —  1402-1408. 

INCARDINATION  takes  place  at  the  re- 


ception of  First  Tonsure  88;  — 
from  another  diocese  must  be  done 
in  writing  to  be  valid  89;  Vicar 
General  cannot  grant  —  without 
special  mandate  90 ;  implied  —  91 ; 
conditions  of  —  94;  — of  secular- 
ized religious  486. 

Incola,  a  person  who  lives  in  the  place 
of  domicile  68. 

INDISSOLUBILITY  of  consummated 
marriage  of  Christians  961 ;  non- 
consummated  marriage  is  dissolved 
by  solemn  religious  profession  and 
by  dispensation  of  the  Holy  See 
962. 

INDULGENCES,  questions  of  —  subject 
to  the  Sacred  Penitentiary  178; 
Concession :  Supreme  Pontiff  and 
those  whom  he  gives  the  power  can 
grant  —  755 ;  faculty  to  give  papal 
blessing  757  &  758;  privileged  altar 
759-761 ;  new  —  not  to  be  published 
without  permission  of  bishop  762; 

—  granted  by  Roman  Pontiff  to  be 
submitted   to   S.    Penitentiary  763; 
translation  of  feast  to  which  —  is  at- 
tached 765 ;  time  for  granting  —  766 ; 

—  attached  to  places  or  to  sacred  ob- 
jects 767.  Manner  of  gaining  indul- 
gences: conditions  768;  if  Plenary 
is    not    gained,    partial  —  may    be 
gained  769;  Plenary  can  be  gained 
only  once  a  day  771 ;  religious  may 
gain  —  in  their  own  church  or  ora- 
tory 772 ; — cannot  be  applied  for  the 
living  by  another  773 ;  when  Con- 
fession  and   Communion   is   to  be 
made    for    gaining    —    774;    good 
works  prescribed  must  not  be  obli- 
gatory for  other  reasons,  by  indul- 
genced  prayers  said  for  sacramental 
penance  —  can  be  gained  775 ;  by 
one  and  the  same  good  work  several 

—  cannot  be  gained  776 ;  prayer  for 
the   intention  of   the   Holy   Father 
777;  confessor  may  commute  good 
works  778;  how  mutes  are  to  say 
the  prayers  779;  books  and  leaflets 
on  —  need  imprimatur  of  Ordinary 


406 


THE  NEW  CANON  LAW 


1231 ;  profiteers  from  —  are  ipso 
facto  excommunicated  1601,  I. 

INDULTS  granted  by  the  Holy  See  re- 
main in  force  unless  explicitly  re- 
called in  the  Code  4. 

INFAMY  of  law,  penalty  of  —  1577- 
1579;  when  incurred  ipso  facto  1608. 

INFIDELS,  infants  of  —  may  be  bap- 
tized under  certain  conditions  593. 

INSANE,  baptism  of  persons  whose 
mind  is  affected  597 ;  irregularity  in 
ordination  827,  3. 

INSTITUTIONS  of  charity  subject  to  S. 
Congregation  of  the  Council  i/o; 
are  established  by  authority  of  local 
Ordinary  1283 ;  —  attached  to  a  re- 
ligious house  1285;  even  exempt 
charitable  —  must  make  financial 
statement  to  bishop  1286. 

INTERDICT,  definition  1552;  what  au- 
thority can  issue  —  1553;  what  is 
forbidden  by  a  local  —  15545  what 
services  are  allowed  under  a  local 
general  —  1555;  under  a  local  par- 
ticular —  1556;  — on  a  community 
1558;  what  is  forbidden  to  those 
under  personal  —  1559 ;  what  the 
—  ab  ingressu  ecclesiae  imports 
1561 ;  incurred  ipso  facto  1604. 

INTERPRETATION  of  Canon  Law,  au- 
thoritative 17;  private — how  to  be 
made  18  &  20 ;  laws  enacting  penal- 
ties interpreted  in  restrictive  sense 
19;  of  the  power  of  jurisdiction 

131. 

INTERPRETER,  making  one's  confession 
by  —  is  optional,  he  is  bound  to  the 
seal  of  confession  746;  Marriage 
may  be  contracted  through  —  933. 

INTERRUPTION  of  Novitiate  401. 

INTERVALS  between  reception  of  vari- 
ous orders,  821. 

INVALIDATING  or  inhabilitating  laws 
are  those  only  which  explicitly  state 
to  have  this  effect  II. 

IRREGULARITIES  barring  from  Ordina- 
tions, ex  defectu  827 ;  ex  delicto 
828;  ignorance  of  —  does  not  ex- 
cuse 831 ;  multiple  —  832 ;  faculty  of 


dispensation  of  bishop  and  confes- 
sor 833 ;  petition  and  interpretation 
of  dispensation  from  —  834. 
IRREMOVABLE  pastors  and  parishes  299 ; 
formalities  in  depriving  —  pastor  of 
parish  1431-1440. 

JURISDICTION,  Church  has  — both  for 
the  external  government  of  the 
faithful  and  the  internal  forum 
by  Divine  right  127;  ordinary 

—  128   &    129;    delegated   —    130 
&    131 ;    interpretation    of    power 
of  —  131 ;   can  be  exercised  in  favor 
of  subjects  only  132 ;  —  in  the  exter- 
nal forum  133;  judicial  power  can- 
not be  exercised  in  one's  own  favor 
or  outside  one's  territory   132;  — 
delegated  either  in  solidum  or  col- 
legialiter    136;    how    delegated    — 
ceases  138 ;  how  ordinary  —  ceases 
139 ;  —  supplied  by  the  Church  140 ; 

—  of  Roman  Pontiff  extends  over 
the  whole  Church  149;  major  cases 
reserved  to  the  —  of  Roman  Pontiff 
151;  —  of  General  Council  159;  — 
of  the   Holy   Office   167 ;   civil   au- 
thorities and  those  who  cause  them 
to  hinder  —  of  the  Church  are  ex- 
communicated 1600,  6. 

KEY  to  the  archives  of  the  episcopal 
Curia,  and  by  whom  to  be  kept  260 ; 

—  to  the  Tabernacle  to  be  guarded 
by  priest  1112. 

LAITY  has  right  to  receive  the  spiritual 
services  of  the  clergy  527;  laymen 
not  allowed  to  wear  Ecclesiastical 
garb  except  seminarians  and  those 
employed  in  church  service  528. 

LATIN  Rite,  laws  of  the  Code  obliga- 
tory only  for  Catholics  of  —  I. 

LANGUAGE,  parishes  not  to  be  divided 
according  to  different  —  of  people, 

147- 

LAW,  General  principles  of  Canon  — 
1-63 ;  liturgical  —  published  prior 
to  Code  to  remain  in  force  2 ;  par- 
ticular and  general  —  contrary  to 


INDEX  OF  SUBJECTS 


407 


Code    abolished    6    &    22;    former 

—  enacting    censures    and    other 
penalties  not  contained  in  the  Code 
are   abolished  6,   3;    promulgation 
of  — ,  territorial  and  personal  —  8; 

—  are    made    for    the    future    and 
have    no    retroacting    effect   unless 
the  Code  explicitly  states  this  10 ; 
invalidating    and    inhabilitating    — 
are    those    only    which     explicitly 
state  to  have  this  effect  n  ;  general 

—  binding    Catholics    everywhere, 
particular  —  those  only  who  have 
domicile   or   quasi-domicile    in    the 
diocese  or  county,  13 ;  dispensation 
from     the     common     —     can     be 
granted  by  the  Holy  See  only  58. 

LAWYER,  clerics  not  allowed  to  act  as 

—  except     in     the     Ecclesiastical 
Court  or  in  defense  of  their  own 
church  115. 

LEGAL  or  moral  persons,  how  consti- 
tuted 76  &  77;  how  they  must  act 
in  elections,  etc.  78;  —  are  per- 
petual; how  extinguished  79;  pro- 
hibitions from  legal  actions  in- 
curred by  certain  offenses  1540  & 
1617. 

LEGATES  of  the  Holy  See,  right  of 
Supreme  Pontiff  to  send  —  with 
power  of  jurisdiction  185 ;  —  a 
Mere  186 ;  duties  of  —  187 ;  privi- 
leges 189 ;  titular  —  have  no  special 
rights  190. 

LEGITIMATE  children,  who  are  con- 
sidered as  such  957-960. 

LETTERS,  written  by  Religious,  when 
exempted  from  inspection  of  the 
superiors  456;  falsifying  of  papal 

—  punished  with  excommunication 
1600,  10. 

Ligaminis  itnpedimentum  912,  mar- 
riage made  invalid  by  this  impedi- 
ment needs  no  canonical  trial  1416. 

LINE  of  consanguinity  and  affinity 
how  figured  73  &  74- 

LITANIES,  bishop  cannot  approve  new 

—  for  public  use  1102. 
LITURGY,  laws  of  —  not  changed  by 


the  Code  except  in  points  specially 
mentioned  2 ;  questions  of  —  sub- 
ject to  S.  Congregation  of  Rites 
173;  Clerics  in  major  orders  who 
in  grave  matters  break  the  laws  of 

—  are  to  be  suspended  1613,  11. 
LOAN  from  Church  goods,  no  interest 

can  be  charged,  if  it  is  purely  a 
loan  1337. 

Loss  of  domicile  or  quasi-domicile 
72;  loss  of  good  reputation  in- 
curred ipso  facto  by  certain  crimes 
1608. 

MAJOR  age,  age  of  twenty-one  years 
completed  65  &  66. 

MANDATE  by  which  delegated  juris- 
diction is  given  determines  extent 
of  power  134, 

MANIFESTATION  of  conscience  forbid- 
bidden  to  be  exacted  by  religious 
superiors  375. 

MARRIAGE,  dispensations  in  impedi- 
ments of  —  when  valid  39;  clerics 
in  major  orders  cannot  validly  con- 
tract —  108;  impediment  of  dis- 
parity of  cult;  mixed  religion  and 
Pauline  privilege  subject  to  Holy 
Office  167 ;  other  impediments  sub- 
ject to  the  Sacred  Congregation 
of  the  Sacraments  169;  to  assist  at 

—  right  of  pastor  307,  4;    Sacra- 
ment of  marriage,  contract  of  bap- 
tized   person   855 ;    essential   quali- 
ties 856;  definition  of  matrimonium 
ratum,     consummation,    legitimum, 
putativum  858;  — contract  valid  by 
the  law   of    God   and  Canon   Law 
859;   conditions   for  validity  of  — 
engagement  860;   requisites   before 
— ;  status  liber  862  &  863;  baptis- 
mal certificate  864;  banns  866-873; 
course  of  action  in  doubtful  impedi- 
ment   874;    instruction    of    young 
couple  876;   children   forbidden   to 
marry    against    reasonable    objec- 
tion of  parents  877.     Impediments 
in    general,    878-884;    major    and 
minor   impediments   885;    faculties 


408 


THE  NEW  CANON  LAW 


of  dispensation  of  bishop  and  priest 
886  &  887;  in  perplexing  cases  888; 
rules  for  interpretation  of  dispen- 
sations of  impediments  889-899; 
restriction  of  faculties  of  bishops 
in  recent  decree  900.  Impedient 
impediments  901-909;  diriment  im- 
pediments 910-923 ;  matrimonial 
consent  924-936;  form  of  contract 
937-946 ;  marriage  of  conscience  947- 
950;  time  and  place  951  &  952; 
consequences  of  —  953-960 ;  separa- 
tion, dissolution,  privilegium  Pau- 
linum  961-975;  simple  validation 
976-980;  sanatio  in  radice  981-984; 
record  of  marriage  985  &  986; 
Clerics  in  major  orders  and  relig- 
ious in  solemn  vows  attempting  — 
excommunicated  1601,  9;  — before 
a  Protestant  minister  punished  with 
excommunication  1602,  i. 

MASONS,  excommunicated,  1601,  a. 

MASS,  application  for  the  people  by 
the  bishop  220;  by  the  pastor  311. 
The  Celebrant:  Priests  only  can 
offer  the  Holy  Sacrifice  645;  con- 
celebration  allowed  only  in  ordina- 
tion of  priests  and  consecration  of 
bishops  646;  when  priest  wishes  to 
say  Mass  in  a  church  where  he  is 
unknown  he  must  exhibit  Celebret 
647;  obligation  of  every  priest  to 
say  —  several  times  a  year  648; 
bination  649;  confession  of  mortal 
sin  before  saying  —  650;  eucharis- 
tic  fast  651 ;  for  whom  —  may  be 
applied  652;  preparation  and 
thanksgiving  653 ;  cap  or  ring  at  — 
permitted  only  by  indult  and  to 
certain  dignitaries  654;  when  assis- 
tant priest  is  allowed  655 ;  —  should 
not  be  said  without  a  server  656. 
Rites  and  ceremonies :  Pure  wheat 
bread,  and  wine  mixed  with  water 
657  &  658;  priest  must  follow  his 
own  Rite  wherever  he  celebrates, 
659 ;  one  species  only  never  to  be 
used  660.  Time  and  place  663-666; 
stipends  667-687. 


MASTER  of  Novices,  qualifications  and 
duties  404-410;  master  and  sub- 
master  not  allowed  to  hear  confes- 
sions of  novices  734. 

MATRIMONIAL  cases  of  baptized  per- 
sons subject  exclusively  to  the 
Church  1386;  merely  civil  conse- 
quences of  marriage  judged  by  civil 
authority  1387;  privilegium  Pauli- 
num  and  cases  of  matrimonium 
ratttm  et  non  consummation  exclu- 
sively subject  to  the  Holy  See  1388- 
1389;  constitutions  of  the  diocesan 
tribunal  for — 1392-1395;  who  has 
right  to  demand  trial  for  nullity  of 
marriage  1396-1399;  witnesses  1400 
&  1401 ;  bodily  inspection  in  cases 
of  impotence  1402-1408;  appeal  ob- 
ligatory when  marriage  is  declared 
invalid  1412-1415;  cases  excepted 
from  regular  form  of  canonical  trial 
1416-1418. 

MEDICINE,  clergy  forbidden  to  prac- 
tise —  115. 

MEDITATION,  duty  of  clergy  to  make 
daily  —  101. 

METROPOLITAN,  see  Archbishop. 

MILITARY  service  forbidden  to  clerics 
117. 

MINOR  AGE,  persons  under  twenty-one 
years  of  age  65  &  66;  domicile  of 
minors  70, 

MISSIONS  and  its  districts  in  charge 
of  the  S.  Congregation  of  the  Pro- 
pagation of  Faith  172;  mission  in 
parishes  to  be  held  at  least  once 
in  ten  years  1192. 

MIXED  RELIGION,  impediment,  subject 
to  Holy  Office  167;  no  sacred  rites 
allowed  in  mixed  marriages  945 ; 
not  to  be  contracted  in  a  church, 
but  the  bishop  may  for  a  very  seri- 
ous reason  allow  it  without  Mass 
952;  conditions  under  which  dis- 
pensation is  granted  904. 

MODERNISM,  Oath  against  —  and  other 
regulations  on  this  subject  to  re- 
main in  force  until  Holy  See  shall 
decide  otherwise  6, 


INDEX  OF  SUBJECTS 


409 


MONITION  in  trials  of  removal  of  pas- 
tors 1427, 

MONTH,  in  law  is  a  period  of  thirty 
days,  32. 

MORAL  PERSONS,  see  Legal. 

MORALS,  questions  of  — ,  subject  to 
Holy  Office  167. 

MORTGAGE,  permission  required  to 
place  church  property  under  — 
1332. 

Music  in  church  1107. 

MUTES,  how  they  are  to  say  prayers 
to  gain  indulgences  779. 

NAME,  in  baptism  name  of  a  Saint 
should  be  given  604. 

NON-CATHOLIC,  Catholic  parents  who 
bring  up  their  children  in  a  —  sect 
are  excommunicated  1602,  4;  not 
subject  to  Catholic  form  of  mar- 
riage 942;  marriage  of  Catholic 
with  —  903-907,  914;  may  not  re- 
ceive the  Sacraments  574;  may 
receive  some  sacramentals  992. 

NOTARY,  the  chancellor  is  in  virtue  of 
his  office  a  —  253 ;  appointment  of 
other  —  254;  duties  of  —  255;  his 
part  in  cases  of  removal  of  pastors 
1426. 

NOVITIATE,  year  of  — ,  how  reckoned, 
first  day  not  counted  34,  3 ;  condi- 
tions for  valid  admission  in  all  Or- 
ders and  congregations  387,  I ;  for 
licit  admission  387,  II ;  right  to  ad- 
mit candidates  belongs  to  major 
superior  388;  certificates  and  testi- 
monials required  before  admission 
389-391 ;  dowry  of  candidates  in 
sisterhoods  392-396 ;  how  the  —  be- 
gins 398;  house  of  —  appointed  by 
Holy  See  399;  conditions  for  valid 
—  400;  interruption  401;  qualifica- 
tions of  Master  of  Novices  404;  his 
duties  405-410;  confession  of  nov- 
ices 411;  novices  not  to  be  pro- 
moted to  orders  412;  renunciation 
of  temporal  rights  414;  dismissal 
of  novices  416;  perpetually  secular- 
ized religious  need  indult  of  Holy 


See  to  be  received  again  into  the 
Order  and  must  make  their  novi- 
tiate and  profession  over  again  485. 

Nuntius,  or  Internuntius,  are  legates 
of  the  Holy  See  to  nations  standing 
in  diplomatic  relation  with  the  Holy 
See  187;  expiration  of  office  188; 
privileges  189. 

NUPTIAL  blessing  944. 

OATH,  definition  1159;  obligation 
1160;  cessation  of  obligation  1162; 
dispensation,  commutation  1 163 ; 
persons  neglecting  to  make  their 
profession  of  faith  demanded  for 
certain  offices  lose  their  salary  1609, 
2;  —  against  Modernism  6. 

OBEDIENCE,  clergy  owe  —  to  their  Or- 
dinaries 103. 

OBLIGATIONS  of  clerics  —  100-120. 
(See  Clerics.) 

OCEAN,  hearing  confessions  on  the  — 
726 ;  the  privilege  to  celebrate  every- 
where does  not  include  permission 
to  say  Mass  on  the  —  665 ;  Car- 
dinals and  Bishops  have  faculty  to 
celebrate  Mass  on  the  — 161,  8,  & 
230. 

OFFENCES,  nature  and  division  of  — 
1479-1482;  responsibility,  aggravat- 
ing and  extenuating  circumstances, 
juridical  effects  of  —  1483-1495. 

OFFICE,  see  Divine  Office. 

OFFICE  or  work  imposed  on  a  cleric 
by  the  bishop  cannot  be  abandoned 
without  his  permission  104;  defini- 
tion of  ecclesiastical  —  121 ;  must 
be  obtained  by  lawful  appointment 
122;  — with  care  of  souls  can  be 
given  only  to  priests  123;  unlawful 
conferring  of  —  125;  — which  are 
not  considered  benefices  1255;  loss 
of  —  incurred  ipso  facto  1610. 

OILS,  Holy  must  not  be  older  than 
one  year;  non-consecrated  —  may 
be  added  to  consecrated  —  577; 
pastor  must  obtain  them  from  his 
own  bishop,  keep  them  in  church, 


410 


THE  NEW  CANON  LAW 


not  in  his  private  house,  except  if 
Ordinary  permits  578. 
ORATORY,  definition  and  various  kinds 
1031;  private  chapels  of  Cardinals 
and  bishops  considered  semi-public 
— in  law  1032;  semi-public — 1035  & 
1036;  private  chapels  1037-1039;  in 
what  chapels  one  can  fulfil  the  obli- 
gation of  hearing  Mass  1092. 

ORDERS,  power  of  —  cannot  be  dele- 
gated 141 ;  Sacrament  of  —  distin- 
guishes clergy  from  laity  791 ;  major 
and  minor  —  792.  Minister:  ordi- 
nary minister  is  the  bishop,  others 
by  privilege  794;  consecration  of 
bishop  reserved  to  Holy  See  796; 
proper  bishop  of  the  candidates  798 
&  799 ;  prefects  and  vicars-apostolic, 
abbots  and  prelates  nullius  have  the 
same  right  as  the  bishop  if  they 
have  episcopal  consecration  800; 
who  can  give  dimissorial  letters 
801 ;  further  regulations  about  the 
dimissorial  letters  of  the  secular 
clergy  803-806;  — of  the  religious 
807-810.  Subject  of  Ordination: 
Baptized  men  who  are  free  from 
irregularity  811;  must  have  stayed 
in  the  seminary  at  least  for  the 
course  of  theology  815 ;  tonsure  and 
minor  orders  must  not  be  given 
unless  candidate  intends  to  ascend 
to  priesthood  816;  requisites  for 
licit  ordination  817;  for  major  or- 
ders 818;  previous  studies  required 
for  the  various  orders  819 ;  prohibi- 
tion to  confer  various  orders  on  the 
same  day  821 ;  canonical  title  for 
secular  clergy  822-824;  for  religious 
825 ;  irregularities  ex  defectu  827 ; 
€X  delicto  828;  simple  prohibitions 
830;  ignorance  of  irregularity  does 
not  excuse  831 ;  multiple  irregular- 
ity 832;  faculty  of  dispensation  of 
bishop  and  confessor  833;  how  to 
petition  and  interpret  dispensations 
from  irregularities  834.  Requisites 
prior  to  ordination :  testimonial  let- 
ters 836-838;  seculars  and  religious 


must  pass  examinations  before  the 
bishop  839  &  840;  publication  of 
names  of  seculars  in  their  proper 
parish  841 ;  retreat  before  major 
and  minor  orders  844.  Rites  and 
Ceremonies :  Pontificate  must  be 
strictly  followed  845 ;  Mass  of  ordi- 
nation or  consecration  of  bishop  to 
be  said  by  ordaining  bishop  846 ; 
those  promoted  to  major  orders 
must  receive  Holy  Communion  in 
the  ordination  Mass  848.  Time  and 
Place:  ordination  days  849;  defect 
in  ordinations  can  be  supplied  any 
day  850 ;  outside  his  diocese  bishop 
needs  consent  of  local  Ordinary 
851 ;  general  ordinations  should  be 
given  in  cathedral  852.  Record  and 
testimonial  of  ordination :  names 
and  orders  conferred  are  to  be  kept 
in  diocesan  archives ;  those  or- 
dained are  to  receive  certificate  853 ; 
notice  to  be  sent  to  pastor  of  church 
where  the  newly  ordained  sub- 
deacons  were  baptized  854,  Cases 
against  validity  of  ordination  1419- 
1424;  suspension  falls  on  those  who 
receive  orders  from  a  bishop  who  is 
under  public  censure,  or  from  an 
apostate,  or  schismatic  1605,  c; 
various  suspensions  for  unlawful 
ordination  of  candidates  1605,  d. 

ORDINARY,  who  is  meant  by  the  term 
129;  for  the  rest  see  Bishop. 

ORIENTAL,  Congregation  of  the  Ori- 
ental Church  I  &  177. 

PARENTS,  children  of  infidels,  Protest- 
ants, or  apostate  Catholics  shall 
not  be  baptized  unless  there  is  some 
guarantee  of  Catholic  education 
593  &  594;  children  forbidden  to 
marry  against  reasonable  objection 
of  —  877- 

PARISHES,  diocese  to  be  divided  into 
—  147;  cannot  be  given  by  bishop 
to  religious  without  papal  indult 
297;  not  to  be  left  vacant  for  a 
long  time  303;  division  of  — 1270; 


INDEX  OF  SUBJECTS 


411 


recourse  to  Holy  See  against  divi- 
sion of  —  1271 ;  pension  imposed  on 
a  —  1272;  pastor's  right  to  live 
from  the  revenue  of  the  —  1277  & 
1278. 

PASTORS,  from  what  laws  they  can 
dispense  60;  who  are  real  —  also 
in  the  United  States  147;  rights  of 
a  religious  appointed  as  —  475  & 
476.  Definition  of  the  term  "pas- 
tor" 296;  — must  be  a  priest  298; 
irremovable  and  removable  —  299; 

—  appointed  from  a  religious  com- 
munity 299;  appointment  of  —  300 
&  304;  taking  possession  of  the  of- 
fice    306;     parochial     rights     307; 
bishop  may  exempt  hospitals,  etc., 
from  jurisdiction  of  —  309;  — ob- 
liged to  keep  residence,  two  months 
vacation,  if  he  leaves  the  parish  for 
more  than  one  week  he  needs  per- 
mission   of    Bishop   310;    on   what 
days  —  he  must  apply  Mass  for  the 
parishioners    311;    parochial   vicar, 
who  is  meant  by  the  term  316  & 
317;   assistants  to  the  —  320-322; 

—  have  the  right  to  bless  sacred 
utensils  1147;  trial  for  removal  of 
irremovable  —   1431-1440;    of    re- 
movable   —     1441-1445;     penalties 
against  —  neglectful  in  the  paro- 
chial duties  1466-1469;  who  incites 
the  people  against  the  bishop  is  to 
be  suspended  1613,  5. 

PATRIARCH  to  be  called  to  General 
Council  154,  2;  has  no  superior 
jurisdiction  191. 

PATRONAGE,  right  of,  not  to  be  con- 
ceded in  future  1275. 

PAULINE  Privilege  subject  to  Holy 
Office  167;  dissolves  marriage  of 
unbaptized,  cannot  be  applied  when 
a  Catholic  marries  an  unbaptized 
person  with  dispensation  963;  in- 
terpellation 964-966;  privilege  not 
lost  if  baptized  party  lived  in  mar- 
riage for  some  time  after  conver- 
sion 967 ;  marriage  solved  at  the  mo- 
ment of  new  marriage  969;  in 


doubtful  cases  the  Pauline  privilege 
enjoys  the  favor  of  the  law  970. 

PAYMENT,  religious  who  either  leave 
of  their  own  accord  or  are  dis- 
missed, or  secularized,  cannot  de- 
mand —  for  work  done  in  the  re- 
ligious community  488. 

PENALTIES,  ecclesiastical,  bishop  may 
punish  religious  with  —  in  matters 
in  which  they  are  subject  to  him 
464;  definition  1499;  species  1500  & 
1501;  application  1502  &  1507;  in- 
terpretation 1503;  persons  subject 
to  — 1510-1519;  how  far  ignorance 
excuses  from — 1513;  in  what  man- 
ner —  incurred  ipso  facto  bind 
1516;  who  has  power  to  remit  — 
1520-1523;  prescription  of  offences 
ISI7  &  1524;  censures  1525-1569; 
excommunication  1541-1551 ;  inter- 
dict 1552-1561;  suspension  1562- 
J569;  punitive  penalties  (pocnae 
vindicativae)  1570;  appeal  from  — 
1571 ;  cessation  and  dispensation 
*573  5  faculty  of  confessor  in  urgent 
cases  1574;  penalties  for  both  lay- 
men and  clerics  1575 ;  infamy  of 
law  1577-1579 ;  punitive  —  special  to 
the  clergy  1582-1589;  penal  remedies 
1590-1595;  penances  1596  &  1597. 
List  of  excommunications  reserved 
to  the  Holy  See  specialissimo  modo 
1599;  speciali  modo  1600;  simpli- 
citer  1601 ;  reserved  to  the  Ordinary 
1602;  not  reserved  1603.  List  of 
interdicts  incurred  ipso  facto  1604; 
suspension  ipso  facto  1605 ;  infamy 
of  law  ipso  facto  1608;  loss  of 
salary  1609;  loss  of  office  or  bene- 
fice 1610.  Penalties  ferendae  sen- 
tentiae:  excommunication  1611;  in- 
terdict 1612;  suspension  1613;  de- 
gradation 1614;  deposition  1615; 
suspicion  of  heresy  1616 ;  prohibi- 
tions from  legal  actions  1617 ;  vari- 
ous other  penalties  ferendae  sen- 
tentiae  1618. 

PENANCE,  Sacrament,  definition  713. 
Minister:  Must  be  a  priest  714;  be- 


412 


THE  NEW  CANON  LAW 


sides  valid  ordination  also  jurisdic- 
tion required  715;  those  who  have 
ordinary  jurisdiction  716;  delegated 
jurisdiction  717;  in  clerical  exempt 
Orders  the  superior  gives  jurisdic- 
tion for  absolving  his  subjects  718; 
special  jurisdiction  required  to  va- 
lidly  hear  confession  of  sisters  in 
their  convents  719;  reasons  for  re- 
calling faculties  720-723;  limitation 
of  faculties  721;  he  who  has  ordi- 
nary jurisdiction  may  absolve  his 
subjects  everywhere  724;  every 
priest  has  faculties  to  absolve  per- 
sons in  danger  of  death  from  all 
sins  and  censures  725 ;  confession  on 
the  ocean  726 ;  absolution  of  priest's 
accomplice  727;  the  prayers  at- 
tached to  the  form  of  absolution 
should  not  lightly  be  omitted  728; 
if  there  is  no  serious  reason  to  deny 
or  defer  absolution  it  must  be 
granted  729;  penance  should  be  in 
proportion  to  sins  and  circumstances 
of  the  penitent  730;  sacramental 
seal  732  &  733 ;  master  of  novices, 
sub-master,  superior  of  college  and 
seminary  not  to  hear  confessions  of 
their  subjects  734;  obligation  of 
pastor  to  hear  confessions  735.  Re- 
servation of  sins :  Persons  having 
ordinary  power  to  give  faculties  to 
others  can  restrict  them  736;  papal 
reservation  737;  how  Ordinaries 
may  reserve  sins  738 ;  reserved  cases 
in  Religious  Orders  739;  cases  al- 
ready reserved  to  the  Holy  See 
should  not  be  made  episcopal  cases 
741 ;  faculties  of  pastors  for  Easter- 
tide and  of  missionaries  during  the 
missions  to  absolve  from  the 
bishop's  reserved  cases  742 ;  circum- 
stances under  which  the  reserva- 
tions of  the  bishop  cease  743. 

PENITENTIARY,  the  Sacred,  rights  and 
powers  of  this  tribunal  178. 

Peregnni,  who  are  — ,  how  they  are 
held  to  the  particular  laws  of  a  dio- 


cese or  country  in  which  they  are 
sojourning  14  &  68. 

PERSONAL  laws  are  binding  in  any 
place  8. 

PERSONS  subject  to  the  laws  of  the 
Church  64;  how  legal  —  are  con- 
stituted in  the  Church  76  &  77; 
actions  of  legal  —  78. 

Pious  UNIONS,  definition  552,  may  be 
erected  with  the  approval  of  the 
bishop  553. 

PLACE  of  birth  67. 

PLACES,  sacred,  definition  997;  con- 
secration of  —  reserved  to  local 
Ordinary  998 ;  blessing  of  —  cannot 
be  done  without  consent  of  local 
Ordinary  1000. 

PONTIFF,  ROMAN,  has  supreme  power 
of  jurisdiction  over  the  Universal 
Church  149 ;  obtains  his  power  by 
Divine  right  as  soon  as  he  accepts 
his  legitimate  election  150;  major 
cases  reserved  to  judgment  of  — 
151 ;  obedience  of  religious  to  — 
344 ;  personal  attack  on  the  —  pun- 
ished with  excommunication  re- 
served specialissimo  mod-o  1599,  2; 
appeal  from  the  laws  and  orders  of 

—  to  a  General   Council   punished 
with  excommunication  reserved  spe- 
ciali  modo  1600,  4.    (Cf.  Holy  See.) 

PONTIFICALS,  meaning  of  the  term, 
bishop  can  pontificate  in  every 
church  in  his  diocese,  outside  it  he 
needs  permission  of  the  local  Ordi- 
nary 218;  he  can  confirm  his  own 
subjects  in  another  diocese  without 
permission  if  he  does  not  use  the 

—  626;  Cardinals  have  the  permis- 
sion to  use  the  —  everywhere  out- 
side the  City  of  Rome  161,  15. 

POSTULATE,  six  months'  —  prescribed 
for  all  sisterhoods  with  perpetual 
vows  and  in  Orders  and  congrega- 
tions of  men  for  the  lay-brothers 
384;  need  not  be  spent  in  house  of 
novitiate  385;  retreat  of  eight  days 
before  entering  novitiate  386. 

POWER  of  jurisdiction  can  be  exercised 


INDEX  OF  SUBJECTS 


413 


only  in  favor  of  subjects  132.  (See 
Jurisdiction.) 

PREACHING,  office  of  —  1170  &  1171; 
faculty  to  preach  given  by  local 
Ordinary  to  secular  and  regular 
clergy  1180;  the  religious  superior 
of  an  exempt  Order  can  grant  fac- 
ulty only  to  preach  to  the  religious 
subject  to  him,  not  to  sisterhoods 
or  other  Orders  of  men  1181 ;  recall 
of  the  faculty  1183;  in  another  dio- 
cese faculty  must  be  obtained  from 
bishop  on  recommendation  of  proper 
Ordinary  to  the  priest  who  wishes 
to  preach  outside  his  own  diocese, 
pastor  who  invites  extern  priest  for 
preaching  must  apply  for  faculty 
1184;  duty  of  pastor  to  preach  on 
Sundays  and  holidays  of  obligation 
1187. 

PRECEDENCE,  Cardinals  precede  all 
Patriarchs,  Archbishops  and  Papal 
Legates  unless  these  latter  are  Car-. 
dinals  161,  21 ;  Bishop  in  his  own 
diocese  precedes  all  Archbishops 
and  Bishops  except  his  own  Arch- 
bishop 228;  — of  Religious  336. 

PRECEPTS  cannot  be  urged  in  ecclesi- 
astical Court  unless  given  in  form 
of  legal  document  or  before  two 
witnesses  24;  — of  the  Church  sub- 
ject to  the  Sacred  Congregation  of 
the  Council  170. 

PREFECTS,  Apostolic  198;  have  the 
same  power  of  jurisdiction  as  the 
bishop,  and  if  they  are  consecrated 
bishops  they  have  the  same  power 
also  for  ordinations  800. 

PRELATES  nullius  to  be  called  to  Gen- 
eral Council  154,  3 ;  meaning  of  the 
term  206;  their  rights  and  duties 
207-209. 

PRESCRIPTION  1302;  matters  not  sub- 
ject to  —  1303  &  1304;  time  re- 
quired 1305;  good  faith  1306;  — 
against  penalties  for  offences  1517 
&  1524. 

PRIMARY  UNIONS,  definition  552 ;  they 
can  affiliate  Pious  Unions  564 ;  what 


indulgences  are  communicated  by 
affiliation  565 ;  conditions  for  va- 
lidity of  affiliation  566 ;  Holy  See 
alone  can  establish  —  568. 

PRIMATES  to  be  called  to  General 
Council  154,  2;  have  no  superior 
power  of  jurisdiction  190. 

Printitiae  1296. 

PRINCIPLES,  general,  of  law,  1-63. 

PRIVILEGES,  granted  by  Holy  See  re- 
main in  force  unless  explicitly  re- 
called in  the  Code  4 ;  how  —  are 
acquired  49;  how  to  be  interpreted 
50  &  51 ;  revocations  of —  53 ;  cessa- 
tion 54-56;  — of  clerics  95-99;  loss 
of  clerical  —  by  reduction  to  the 
lay  state  144;  —  of  Cardinals  161 ; 

—  of  bishops  230  &  ooo;  — of  re- 
ligious 458-470. 

PROCEDURE  for  removal  of  irremova- 
ble pastors  1431-1440;  of  removable 
pastors  1441-1445;  for  transfer  of 
pastors  1446-1451 ;  against  clerics 
not  keeping  residence  1452-1459; 
against  clerics  living  in  concubinage 
1460-1465;  against  neglectful  pas- 
tors 1466-1469. 

PROCESSIONS,  definition  1133;  Corpus 
Christi  —  1134. 

PROCURATOR  sent  to  take  the  place  of  a 
person  called  to  General  Council 
155 ;  —  for  the  administration  of 
the  goods  of  religious  in  each  house, 
province  and  at  the  Curia  of  the 
General  361 ;  —  general  for  each 
Order  and  Congregation  362. 

PROFESSION  of  Faith,  persons  held  to 
make  it  1249. 

PROFESSION,  Religious,  conditions  for 
validity  417;  age  for  temporary 
vows  sixteen,  for  perpetual  and 
solemn  vows  twenty-one  years  418; 
temporary  vows  must  precede  per- 
petual or  solemn  419;  recording  of 

—  421 ;  privileges  and  obligations  of 
the    religious    in    temporary    vows 
423-426;    validation    of    invalid    — 
431 ;  solemn  —  dissolves  the  non- 


414 


THE  NEW  CANON  LAW 


consummated  marriage  of  Chris- 
tians 962. 

PROHIBITION  of  books  1238-1248.  (See 
Books.) 

PROMOTOR  of  justice,  his  part  in  the 
canonical  trial  1381. 

PROMULGATION  of  law  8;  — of  the 
laws  of  the  Holy  See  by  Ada 
Apostolicae  Sedis  9; —  of  laws  of 
Bishops  216. 

PROPAGANDA,  Sacred  Congregation  of 
the  —  has  charge  of  all  missions 
and  vicariates  and  prefectures  apos- 
tolic 172. 

PROPERTY  of  churches,  questions  con- 
cerning —  subject  to  the  S.  Congre- 
gation of  the  Council  170.  (See 
Goods.) 

PROTECTOR,  Cardinal,  of  a  religious 
Order  344. 

PROTESTANTS,  Sacraments  cannot  be 
given  to  —  unless  they  first  re- 
nounce their  errors  and  are  re- 
ceived into  the  Church  574;  condi- 
tions under  which  infants  of  —  may 
be  baptized  in  the  Catholic  Church 

594- 

PROVINCE,  a  union  of  several  religious 
houses  under  one  head  333,  6. 

PROXY,  marriage  by  —  932-934. 

PUBERTY,  age  of  65. 

PUBLICATION  of  names  of  candidates 
for  major  orders  in  their  own 
parish-church  841. 

PUBLISHERS  of  certain  books  excom- 
municated 1600,  2. 

QUASI-DOMICILE,  how  acquired  69;  by 

—  a  person  becomes  subject  to  local 

Ordinary  and  pastor  71. 
QUASI-PASTORS  held  equal  to  pastors 

296 ;  are  removable  299 ;  appointed 

by  local  Ordinary  302. 

RAPE,  impediment   of   marriage  917. 
REASON,  use  of  —  necessary  to  make 

a  person  subject  to  the  law  12. 
RECALL,    Bishop    has    right   to    recall 

priests   who   are  not   excardinated 


and  received  permission  to  go  out- 
side the  diocese  120. 

RECEPTION  of  Novices  398. 

RECONCILIATION  of  desecrated  churches 
1019  &  1020. 

RECORDS,  pastors  obliged  to  keep  par- 
ish —  315;  — of  deceased  parish- 
ioners 1081. 

RECOURSE  to  the  Holy  See,  if  difficult, 
the  Ordinary  may  dispense  from 
the  common  law  in  particular  cases 
58;  from  marriage  impediments 
900. 

RECTORS  of  churches,  who  are  —  324; 
their  appointment  325 ;  have  no 
parochial  rights  326;  their  rights 
and  duties  327-330;  are  removable 

331. 

REDUCTION  of  clerics  to  the  lay-state 
142-145. 

RELATIONSHIP,  spiritual,  impediment 
of  marriage  922. 

RELICS,  questions  of  —  reserved  to 
Congregation  of  Sacred  Rites  173; 
making,  selling,  distributing  bogus 
—  punished  with  excommunication 
1602,  5 ;  small  —  may  be  kept  by 
private  people,  large  ones  not  with- 
out permission  of  Ordinary  1124  & 
1125;  —  for  public  veneration  in 
church  1126;  what  to  do  when 
document  of  authentication  is  lost 
1128;  — of  the  Holy  Cross  1130  & 
1131;  selling  —  forbidden  1132. 

RELIGIOUS,  S.  Congregation  of  the, 
has  charge  of  all  religious  com- 
munities of  any  kind  171 ;  —  in  mis- 
sionary countries  subject  to  S.  Con- 
gregation of  the  Propaganda  in 
reference  to  their  missionary  activi- 
ty 172;  — pastors  are  removable,  by 
whom  they  can  be  changed  299. 
Definition  of  —  state  332 ;  definition 
of  various  terms  333  ;  repeal  of  par- 
ticular laws  of  —  by  the  Code  334 ; 
Canons  speaking  of  religious  in  the 
masculine  gender  apply  also  to  fe- 
minine and  vice  versa  335 ;  prece- 
dence 336;  erection  of  —  diocesan 


INDEX  OF  SUBJECTS 


415 


congregations  337 ;  suppression  of  a 
religious  organization  338;  suppres- 
sion of  an  individual  house  343 ; 
obedience  to  the  Roman  Pontiff 
344 ;  privileges  of  exemption  345 ; 
power  of  the  superiors  346-348; 
qualifications  of  the  superiors  349; 
term  of  office  350;  manner  of  elec- 
tion 351  &  352;  report  to  Holy  See 
on  the  status  of  the  Order  355; 
visitation  by  the  superior  356;  ex- 
tent of  right  of  visitation  by  the 
bishop  357;  administration  of  the 
Sacraments  to  the  —  359;  titles  of 
honor  360;  board  of  consultors  for 
the  superiors,  procurator  for  tem- 
poral affairs  361 ;  Procurator  Gen- 
eral for  transactions  between  the 
Order  and  the  Holy  See  362;  con- 
fessors of  the  religious  in  clerical 
organizations  363  &  364 ;  of  —  sis- 
ters 365-372;  in  laical  Orders  and 
congregations  of  men  373  &  374; 
manifestation  of  conscience  must 
not  be  urged  by  superiors  375 ;  tem- 
poral goods  and  administration  376- 
382 ;  admission  into  a  —  community 
383;  postulate  384-386;  novitiate 
387-416;  sisterhoods  to  inform 
bishop  two  months  before  reception 
or  profession  397;  renunciation  of 
temporal  goods  and  rights  414,  425- 
428;  religious  profession  417-431; 
studies  in  clerical  organizations  432- 
436;  duties  of  religious  437-457; 
privileges  458-470;  religious  cannot 
be  promoted  to  bishopric,  or  other 
office  or  dignity  incompatible  with 
the  religious  state,  without  permis- 
sion of  the  Holy  See  471 ;  —  raised 
to  the  Cardinalate  or  episcopate 
472  &  473 ;  —  appointed  pastor  of 
a  parish  475  &  476 ;  transition  to  an- 
other Order  477-481 ;  secularization 
483-490;  dismissal  incurred  ipso 
facto  by  certain  crimes  491 ;  dis- 
missal of  religious  in  temporary 
vows  492  &  493 ;  dismissal  of  a  per- 
petual professed  in  non-exempt 


clerical  and  in  any  lay  Order  494- 
498;  of  religious  in  perpetual  or 
solemn  vows  in  clerical  exempt  re- 
ligious bodies  499-513.  Status  of 
dismissed  —  who  had  perpetual 
vows  514-517;  — in  solemn  vows 
cannot  validly  contract  marriage 
916;  — get  jurisdiction  for  confes- 
sions of  seculars  from  bishop  717; 
in  clerical  exempt  Orders  religious 
superior  gives  jurisdiction  for  his 
subjects  718;  bishop  cannot  deprive 
all  confessors  of  a  religious  com- 
munity of  the  faculties  723 ;  dimis- 
sorial  letter  for  ordination  807-810; 
religious  must  obtain  approval  of 
site  for  church  or  public  oratory 
1005 ;  exempt  —  have  right  to  ceme- 
tery of  their  own  1051 ;  — may  keep 
Blessed  Sacrament  in  church  or 
oratory  mo;  religious  in  simple 
vows  who  marry  without  dispensa- 
tions are  excommunicated  1602,  9 ; 

—  in   major  orders   who   by  their 
own  fault  make  invalid  profession 
are  ipso  facto  suspended   1605.  e; 

—  fugitives   incur  suspension   1606, 
b;  superior  who  sends  his  subjects 
to    another   bishop    for    ordination 
against  the  law  of  the  Code  is  sus- 
pended for  one  month  from  saying 
Holy  Mass  1607,  f. 

RENEWAL  of  Vows  422. 

RENUNCIATION  of  temporal  goods  by 
novices  414;  before  solemn  profes- 
sion 425-427 ;  before  perpetual  vows 
in  congregations  428. 

REPORTS  of  bishop  on  state  of  the  dio- 
cese to  be  made  to  Consistorial 
Congregation  168;  every  five  years 
221 ;  of  religious  superiors  to  the 
Holy  See  355. 

REPRIMAND,  judicial,  when  to  be  given 
1373-1379. 

RESCRIPTS,  when  they  take  effect  37; 
conditions  in  a  — ,  how  to  be  under- 
stood 38;  how  they  are  invalidated 
by  untruthful  statement  in  the  peti- 
tion 39 ;  errors  in  —  42 ;  when  they 


416 


THE  NEW.  CANON  LAW 


have  to  be  shown  to  the  bishop  43; 
interpretation  of  —  44  &  45;  the 
execution  of  46;  revocation  of  fa- 
vors granted  by  —  47 ;  invalidation 
of  — 48. 

RESERVATION  of  cases,  papal  cases 
737;  how  Ordinaries  should  make 
—  738;  — in  religious  Orders  739; 
bishop  may  not  reserve  to  himself 
cases  that  are  already  reserved  to 
the  Holy  See  741 ;  faculty  to  ab- 
solve from  bishop's  —  742 ;  circum- 
stances under  which  all  bishop's  — • 
cease  743;  priest  pretending  to  ab- 
solve from  —  without  faculties  is 
suspended  ipso  facto  from  hearing 
confessions  1607,  a. 

RESIDENCE,  clergy  forbidden  to  absent 
themselves  from  the  diocese  with- 
out permission  119  &  310;  bishop 
held  to  law  of  residence  219;  loss 
of  salary  incurred  by  violating  law 
of  —  1609,  I  . 

RESIGNATION  of  office,  by  Roman  Pon- 
tiff does  not  need  acceptation  by 
anyone  152;  -—of  benefice  or  office 
by  the  clergy  1279. 

RESPECT  which  the  clergy  must  show 
the  Ordinary  103. 

RETREAT  to  be  made  by  secular  priests 
at  least  once  in  three  years  102 ;  by 
postulants  before  novitiate  386;  be- 
fore profession  416;  to  be  made 
each  year  by  the  religious  440,  I ; 
before  minor  and  major  orders  844. 

REVOCATION  of  laws  contrary  to  Code 
6,  22  &  23;  of  customs  30;  of  fa- 
vors granted  by  rescript  47. 

RIGHTS,  acquired,  under  what  condi- 
tion they  remain  in  force  4;  -—of 
clerics  95-99;  parochial  —  307;  of 
rectors  of  churches  327-331. 

RITE,  baptism  decides  to  which  —  a 
person  belongs  75 ;  matters  touch.- 
ing  Oriental  —  subject  to  the  S. 
Congregation  of  the  Oriental 
Church  177 ;  child  must  be  baptized 
in  the  —  of  the  father  if  he  is  a 
Catholic,  unless  special  provision  is 


made  for  some  Rite  599;  priest 
must  use  altar-bread  of  his  own  — 
wherever  he  celebrates  659;  may 
celebrate  in  a  church  of  a  different 

—  if  there  is  none  of  his  own  666. 
Holy  Communion  may  be  received 
in  any  Catholic  —  by  the  people, 
the  Holy  Viaticum  must  be  received 
in   one's    own  —  709.      Priests   of 
Oriental  —  may  absolve  Catholics 
of    Latin  —  and    vice   versa    748; 
cleric  who  received  some  orders  in 
Oriental  —  and  obtains  permission 
to   receive    further    orders   in    the 
Latin  —  must   receive    the    orders 
which  are  not  given  according  to 
the   Oriental  —  847;   marriage   of 
persons  of  different  —  to  be  wit- 
nessed by  pastor  of  husband  940. 

ROMAN  Pontiff,  see  Pontiff. 

ROMAN  Curia  consists  of  the  S.  Con- 
gregations, Offices  and  Tribunals  at 
Rome  162-165. 

SACRAMENTALS,  definition  987;  Holy 
See  alone  can  constitute  new  —  988; 
the  minister  989;  consecrations  can 
be  performed  by  bishop  or  by  a 
priest  with  papal  indult  900;  — 
may  be  administered  to  non-Cath- 
olics 992 ;  exorcisms  994-996. 

SACRAMENTS,  S.  Congregation  of  the, 
its  rights  and  powers  169. 

SACRAMENTS,  administration  of  several 

—  reserved  to  pastor  307;  it  is  for- 
bidden to  minister  the  —  to  heretics 
even  if  they  are  in  good  faith  574; 
Baptism,   Confirmation  and  Orders 
can  be  received  only  once,  in  doubt 
they  may  be  repeated  conditionally 
575,  besides  the  customary  stole  fees 
no  charge  can  be  made  for  the  ad- 
ministration of  the  —  579 ;  Baptism 
580-622 ;       Confirmation      623-643 ; 
Holy    Eucharist   644-712;    Penance 
713-753;  Extreme  Unction  780-790; 
Holy     Orders     791-854;     Marriage 
855-986. 

SAINTS,  veneration  of  1119-1120;  Pa- 


INDEX  OF  SUBJECTS 


417 


tron  —  1121 ;  new  images  of  —  not 
to  be  made  without  approval  of  the 

j  Ordinary  1122;  sacred  images  of 
great  value  cannot  be  given  away 
or  transferred  without  permission 
of  the  Ordinary  1.124. 

SALARY,  forfeiture  of  —  by  neglect  to 
keep  residence  and  by  neglect  to 
take  the  oath  for  certain  offices 
1609. 

SALOON,  clergy  must  not  visit  —  114. 

Sanatio  in  radice  of  marriage  981-984. 

SCHOOLS,  Catholic,  children  of  Cath- 
olics must  be  sent  to  —  1215; 
bishop  in  particular  cases  to  decide 
and  give  permission  to  attend  non- 
Catholic  —  1217;  right  of  the 
bishop  to  inspect  —  1225. 

SCRIPTURE,  Holy,  original  texts  and 
ancient  versions  published  by  non- 
Catholics  forbidden  1242,  I ;  also 
books  concerning  —  if  published 
without  ecclesiastical  imprimatur 
1242,  5 ;  permission  in  favor  of 
theological  students  1243. 

SEAL  of  confession  732  &  733;  direct 
violation  punished  with  excommuni- 
cation reserved  to  the  Holy  See 
specialissimo  modo  1599,  4 ;  indirect 
violation  to  be  punished  with  penal- 
ties ferendae  sententiae  1613,  10. 

SECTECY,  officials  of  the  Roman  Curia 
held  to  —  in  the  affairs  of  their 
office  163. 

SECRETARIATE  of  Breves  to  Princes 
and  of  Latin  Letters  184. 

SECRETARIATE  of  State,  rights  and  du- 
ties 183. 

SECULARIZATION,  indult  of  a  religious 
to  live  outside  the  religious  house 
is  twofold,  temporary  and  perpetual 
483;  temporary  does  not  free  the 
religious  from  the  obligations  of 
his  state  484;  perpetual  separates 
him  from  his  Order  and  frees  him 
from  the  vows ;  Apostolic  indult  re- 
quired to  receive  him  again,  must 
make  novitiate  and  profession  over 


again  485;  for  diocesan  congrega- 
tions bishop  can  give  secularization 
483;  reception  by  the  bishop  of  a 
secularized  religious  486;  positions 
and  offices  forbidden  to  a  secular- 
ized religious  487 ;  religious  who 
leave  the  community  or  are  secu- 
larized, or  dismissed,  cannot  de- 
mand payment  for  work  done  while 
in  the  community  488. 
SEMINARY,  studies  in  a  —  subject  to 
S.  Congregation  of  Seminary  and 
University  Studies  176;  rector  of 

—  not  to  hear  confessions  of  the 
seminarians     734;      right     of     the 
Church  to  have  —  H95 ;  priests  to 
promote  vocations  1196;  minor  and 
major  —  H97;  — tax  by  whom  to 
be  paid  1198  and  1199;  tne  board  of 
administrators     1202;     rector     and 
other     officials      1203 ;     confessors 
1204 ;  admission  into  —  1206 ;  philo- 
sophical and  theological  studies  of 
seminarians  1208;  rector  has  paro- 
chial rights  over  —  1211. 

SENATOR,  clergy  not  allowed  to  com- 
pete for  office  of  —  115. 

SEPARATION  of  married  people  from 
bed  and  board  971-980. 

SHOWS,  unbecoming  or  scandalous  to 
be  avoided  by  the  clergy  116. 

Signatura  Apostolica,  highest  court  of 
appeal  of  the  Church  179. 

SIMONY,  definition  of  twofold  species 
570 ;  tacit  agreement  also  considered 

—  571 ;    simoniacal    contract    con- 
cerning  benefices,   offices,   dignities 
is  invalid  572 ;  —  in  conferring  of 
offices  and  benefices  punished  with 
excommunication    ipso    facto    1601, 
10;    in   ordination   and  administra- 
tion of  the   Sacraments  with  sus- 
pension 1605,  b. 

SISTERS,  religious  with  solemn  vows 
who  have  privilege  of  exemption 
are  subject  to  regular  superior  345 ; 
election  of  superioress  351 ;  term  of 
office  350;  bishop  must  visit  their 


418 


THE  NEW  CANON  LAW 


houses  every  five  years  357 ;  Sacra- 
ments are  administered  to  sisters 
of  solemn  vows  by  their  confessor, 
in  other  sisterhoods  by  pastor  or 
chaplain  359  and  374;  what  postu- 
lants are  held  to  the  law  of  en- 
closure 385;  special  jurisdiction 
needed  to  validly  hear  the  confes- 
sions of  sisters  in  their  houses  719. 

SOCIETIES,  persons  leading  a  commun- 
ity life  without  religious  vows  518- 
526.  (See  also  Associations.) 

SODALITIES  552,  subject  to  S.  Congre- 
gation of  the  Council  170. 

SOLICITATION,  false  denunciation  of  a 
priest  punished  with  excommunica- 
tion ipso  facto  1600,  II ;  those  who 
neglect  to  denounce  a  priest  guilty 
of  this  crime  are  ipso  facto  ex- 
communicated 1603,  5;  priest  guilty 
of  —  to  be  suspended  1613,  9. 

SPONSORS  in  Baptism  605-612 ;  in  Con- 
firmation 636-640;  spiritual  rela- 
tionship as  impediment  of  marriage 
arises  only  from  valid  sponsorship 
at  Baptism  922. 

STERILITY,  no  impediment  to  marriage 
911. 

STIPENDS  for  Masses  subject  to  S. 
Congregation  of  the  Council  170; 
laws  concerning  —  for  Masses  667- 
687 ;  lay  persons  who  are  unfaithful 
in  the  handling  of  —  are  to  be  ex- 
communicated 1611 ;  clerics  trading 
with  —  or  retaining  unjustly  part 
of  —  are  to  be  suspended  1613,  4, 

STOLE  FEES,  right  of  the  pastor  to  — , 
the  poor  shall  receive  services  free 
308. 

STUDIES,  the  priests  must  not  neglect 
—  after  ordination  105 ;  rights  and 
powers  of  the  S.  Congregation  of 
Seminary  and  University  Studies 
176;  regulations  for  —  in  clerical 
religious  organizations  432-436;  in 
seminaries  1207  &  1208. 

SUBDELEGATION,  when  it  can  be  given 
130. 


SUPERIOR,  rules  for  action  of  —  when 
the  law  demands  consent  or  counsel 
of  other  persons  82;  —  General  of 
clerical  exempt  Orders  to  be  called 
to  General  Council  154,  4;  major  — 
of  clerical  exempt  religious  to  be 
invited  to  Provincial  Council  196; 
who  are  major  religious  —  333,  8; 
power  of  government  of  religious 

—  3-^6-348;  qualifications  of  major 

—  349;  term  of  office  of  major  and 
minor  —  350;  election  of  —  351. 

SUPPLIED  jurisdiction,  when  and  how 
the  Church  gives  —  140. 

SUPPRESSION  of  religious  houses  of 
various  Orders  and  congregations 
343 ;  —  of  church  societies  and  con- 
fraternities 544, 

SURGERY,  the  clergy  not  allowed  to 
practice  —  115. 

SUSPENSION,  rules  for  inflicting  —  ex 
vnformata  conscientia  1470-1478;  de- 
finition of  —  1562;  various  kinds 
1563;  from  benefice  1564;  what  is 
forbidden  by  —  1567 ;  when  are  for- 
bidden acts  invalid  1568;  effects  of 

—  of  a  community  or  college  1^69; 
list  of  —  incurred  ipso  facto  1605- 
1607;  ferendae  sententiae  1613. 

SUSPICION  of  heresy  for  certain  of- 
fences 1616. 

SYNOD,  diocesan,  to  be  held  every  ten 
years  237 ;  convocation  238 ;  persons 
to  be  called  239;  those  called  can- 
not send  substitute  240 ;  proceedings 
at  the  —  241-243. 

TAXES,  diocesan,  subject  to  S.  Con- 
gregation of  the  Council  170;  —  for 
maintenance  of  Seminary  1198  and 
1199;  for  the  cathedraticum  1298; 
extraordinary  for  diocesan  needs 
1299  and  1300;  for  dispensations 
899  and  1301 ;  for  funerals  1077. 

TEACHING  authority  of  the  Church 
1165-1167;  sin  of  heresy  1168. 

THEATRES,  unbecoming  shows  in  thea- 
tres to  be  shunned  by  the  clergy  116. 


INDEX  OF  SUBJECTS 


419 


TERRITORIAL  laws,  if  particular,  do  not 
oblige  outside  the  territory  8. 

TERRITORY  of  dioceses,  how  to  be  di- 
vided into  parishes  147;  pastor  can 
assist  at  marriage  only  in  the  —  of 
his  parish  938,  2. 

TESTIMONIALS  which  religious .  candi- 
dates must  exhibit  before  reception 
into  novitiate  389-391 ;  of  candidates 
for  ordination  836-838. 

THEOLOGIANS  invited  to  General  Coun- 
cil have  merely  consultive  vote  154. 

THIRD  Orders  Secular,  definition  547; 
right  to  establish  —  given  by  papal 
indult  to  some  Order  548;  bishop's 
consent  necessary  for  erection  of  a 
congregation  of  — ,  individuals  may 
be  received  without  bishop's  permis- 
sion 548;  religious  of  any  kind 
cannot  be  members  of  —  549;  no 
person  can  be  a  member  of  two 
different  —  550. 

TIME,  manner  of  reckoning  —  31-35 ; 
for  observance  of  ecclesiastical  fast ; 
Divine  office,  fast  and  abstinence 
any  recognized  way  of  figuring  — 
may  be  followed  33;  tempus  utile 
and  tempus  continuum  35 ;  time  of 
novitiate  400;  —  in  which  Holy 
Mass  must  be  said  for  stipends  677 ; 
—  for  gaining  of  indulgences  on 
certain  days  766;  —  for  Confession 
and  Communion  to  gain  an  indul- 
gence 774- 

TITLE  of  Ordination  for  seculars  822 
and  824 ;  for  religious  825 ;  —  of 
honor  in  religious  Orders  360;  aca- 
demic titles  or  degrees  which  are 
recognized  in  the  Church  can  be 
Holy  See  1220;  — of  a  church  ion  ; 
of  a  Basilica  1023. 

TITULAR  Bishops  may  be  called  to 
General  Council  154;  cannot  exer- 
cise jurisdiction  in  church  of  their 
title  229;  their  privileges  230;  — 
feast  of  a  church  ion. 

TONSURE,  First,  by  reception  of  which 
a  person  is  installed  in  the  ranks 
of  the  clergy  85 ;  can  be  given  any 


day  849;  by  —  a  cleric  is  incardi- 
nated  into  a  diocese  88;  shall  not 
be  given  until  after  commencing 
course  of  theology  819. 

TRANSACTION  or  settlement  of  dispute 
without  canonical  trial  1351-1354. 

TRANSITION  to  another  religious  Or- 
der cannot  be  made  without  per- 
mission of  the  Holy  See  477 ;  vows 
in  new  Order  or  congregation 
479;  status  of  newly  professed  480; 
—  of  solemn  professed  to  congrega- 
tion with  simple  vows  481. 

TRIALS,  canonical,  in  criminal  cases 
1359;  accusation  and  denunciation 
1360-1364;  inquisition  or  investiga- 
tion concerning  offences  1365-1372; 
reprimand  of  delinquent  1373-1379; 
construction  of  criminal  —  1380- 
1385. 

UNBAPTIZED  persons  not  subject  to 
merely  ecclesiastical  laws  12;  mar- 
riage with  —  null  and  void  913  and 
914- 

UNCTION,  Sacrament  of  Extreme,  how 
to  be  administered  780.  The  Min- 
ister: must  be  a  priest,  reserved  to 
pastor  781 ;  obligation  of  pastor  to 
administer  —  782.  The  Recipient : 
must  have  reached  the  years  of 
discretion  and  be  in  danger  of  death 
through  illness  or  old  age,  cannot 
be  repeated  in  the  same  illness  783 ; 
if  in  doubt  whether  a  person  is  fit 
subject  it  may  be  given  conditionally 
784;  cannot  be  given  to  those  who 
stubbornly  persevere  in  mortal  sin, 
if  in  doubt  it  may  be  given  condi- 
tionally 785 ;  what  to  do  with  those 
who  are  unconscious  786 ;  obligation 
to  receive  —  787.  Rites  and  Cere- 
monies: Holy  Oil  of  the  sick  must 
be  properly  blessed  788;  not  to  be 
kept  in  a  private  house  without  per- 
mission of  the  bishop  578  and  789; 
permission  to  use  short  formula 
with  one  anointing  in  cases  of 


420 


THE  NEW  CANON  LAW 


necessity,  the  other  anointings  must 
be  made  later  if  person  does  not 
die  immediately  790. 

UNIONS,  Pious,  subject  to  S.  Congre- 
gation of  the  Council  170;  regula- 
tions concerning  Pious  —  552-568. 

UNIVERSITY,  studies  subject  to  S.  Con- 
gregation of  Seminary  and  Uni- 
versity Studies  176;  erection  of 
Catholic  —  reserved  to  the  Holy 
See  1219;  clerics  to  be  sent  to  — 
1223;  religious  sent  to  —  or  other 
seat  of  learning  must  board  in  a 
house  directed  by  the  clergy  432; 
privileges  of  Doctors  of  a  Catholic 

—  1221. 

UTENSILS,  Sacred,  to  be  kept  with  due 
respect  1139  and  1140;  — belonging 
to  deceased  Cardinals  1141;  to  de- 
ceased Bishops  1142;  to  pastors 
1143;  Cardinals,  bishops,  rectors  of 
churches  to  safeguard  the  rights  of 
the  Church  in  reference  to  —  be- 
longing to  the  Church  1144  and 
1145.  Cathedral  church  must  fur- 
nish bishop  with  necessary  —  for 
the  sacred  functions  1146;  if  a 
church  is  very  poor,  a  small  fee  may 
with  the  authority  of  the  bishop  be 
charged  to  extern  priests  for  use  of 
the  —  1146;  faculty  to  bless  — 
1147;  when  —  lose  their  blessing  or 
consecration  1148;  washing  of  — 
1149- 

VACANCY,  offices  should  not  be  kept 
vacant  for  a  long  time  124;  no 
changes  must  be  made  during  —  of 
bishopric  281 ;  during  —  of  parish 
vicar  to  be  appointed  by  bishop  317. 

Vacatio  Legis,  papal  laws  begin  to 
bind  three  months  after  their  publi- 
cation in  Ada  Apostolicae  Sedis  g. 

VACATION,  of  Bishops  219 ;  of  pastors 
3io. 

Vagi,  who  are  meant  by  the  term  and 
how  they  are  held  to  particular 
laws  of  places  14,  birth-place  of 
children  of  —  67,  pastor  not  to 


assist  at  marriage  of  —  without 
referring  case  to  bishop  875. 
VALIDATION  of  marriage  invalid  for 
reason  of  a  diriment  impediment  by 
dispensation  and  renewal  of  con- 
sent of  party  conscious  of  invalidity 
976  and  977 ;  if  impediment  is  public 
consent  must  be  renewed  in  legal 
form  978;  (consult  880  on  public 
and  occult  impediments),  how  mar- 
riage invalid  for  want  of  consent 
is  to  be  validated  979;  if  the  pre- 
scribed form  was  wanting  marriage 
must  be  contracted  in  the  legal 
form  980;  in  more  urgent  cases 
bishop  may  dispense  with  almost  all 
impediments,  also  after  marriage 
was  contracted  888;  validation  of 
marriage  by  sanatio  in  radice  re- 
served to  the  Holy  See  981-984. 

VALIDITY  of  the  Sacrament  of  Orders 
and  of  marriages  can  be  brought 
before  the  S.  Congregation  of  the 
Sacraments  169. 

Viaticum  reserved  to  pastor  307,  3 ; 
obligation  in  danger  of  death,  may 
be  received  for  several  days  in  suc- 
cession 707;  shall  not  be  delayed 
too  long  708. 

VICAR  Apostolic,  if  a  consecrated 
bishop,  has  the  same  rights  as  the 
bishop  in  reference  to  ordination 
800. 

VICAR  Capitular  cannot  give  letters  of 
incardination  and  excardination  ex- 
cept one  year  after  vacancy  of 
bishopric  90;  his  rights  and  duties 
when  bishop  is  exiled  274;  trans- 
ferred, dies,  resigns  275 ;  his  appoint- 
ment and  qualifications  277-279;  his 
powers  280-286 ;  removal,  expira- 
tion of  office  288;  accountability  to 
new  bishop  289. 

VICAR  General,  dispensation  refused 
by  —  cannot  validly  be  granted  by 
the  bishop  unless  he  is  told  of  the 
refusal  of  the  — ,  vicar  cannot  val- 
idly grant  favors  refused  by  the 


INDEX  OF  SUBJECTS 


421 


bishop  41 ;  —  needs  special  mandate 
of  the  bishop  in  the  following  cases : 
to  give  letters  of  excardination  and 
incardination  90;  to  convoke  a  syn- 
od 238;  appoint  pastors  300;  give 
consent  for  erection  of  societies  and 
confraternities  531 ;  cannot  reserve 
cases  though  he  can  give  jurisdic- 
tion for  confessions  736;  dispense 
with  the  banns  of  marriage  947; 
consecrate  sacred  places  998;  erect 
a  new  church  1005 ;  authenticate 
relics  1126.  Bishop  freely  appoints 
—  247 ;  qualifications  of  —  248 ;  his 
jurisdiction  249  and  250;  precedence 
in  the  diocese  251 ;  expiration  of 
jurisdiction  252. 

VICAR,  parochial,  has  pastoral  rights 
296 ;  attends  to  parochial  duties  in 
the  name  of  the  Chapter  or  religious 
community  297;  to  be  appointed 
where  a  religious  community  has 
charge  of  a  parish,  nominated  by 
the  superior  316;  during  the  va- 
cancy of  the  pastorship  317;  —  has 
full  parochial  rights  during  absence 
of  pastor  319. 

VIOLENCE  against  Cardinals,  Papal 
Legates,  Patriarchs,  Bishops  pun- 
ished with  excommunication  1600, 
8;  —  against  any  cleric  or  religious 
punished  with  excommunication  re- 
served to  the  Ordinary  1602, 6.  (See 
Force.) 

VISIT  ad  limina  to  be  made  by  the 
bishop  223. 

VISITATION  of  the  diocese  when  and 
how  to  be  made  224-227;  — of  the 
religious  houses  by  their  superiors 
356;  by  the  bishop  357;  how  to  be 
conducted  358. 

VOCATION,  pastors  and  other  priests 
should  promote  —  to  the  priesthood 
1196. 

VOLUNTARY  jurisdiction,  how  it  can 
be  exercised  132;  not  suspended  by 
recourse  of  subject  to  higher  supe- 
rior 135. 


VOTING,  rules  for  —  in  religious  com- 
munities and  other  legal  bodies  78. 

Vows,  definition  1150;  various  kinds 
1151 ;  reserved  —  1152;  annulling  of 

—  1155;  dispensation  1156;  commu- 
tation 1157;  — made  before  entering 
religious  community  are  suspended 
1158.    Conditions  for  validity  of  re- 
ligious —  417  and  418;  temporary 

—  must  precede  perpetual  and  so- 
lemn —  in  all  Orders  and  congre- 
gations 419;  superior  may  prolong 
period   of   temporary  —  not   over 
three  years  419;  renewal  of  —  at 
the  expiration  of  temporary  —  may 
be  anticipated  for  one  month  422 ; 
privileges  and  duties  of  religious  in 
temporary  —  423-425  ;  at  expiration 
of  temporary  —  the  religious  is  free 
to  return  to  the  world  482;  refusal 
of  superior  to  let  the  religious  re- 
new —  482;  dismissal  of  religious 
in  temporary  —  492  and  493 ;  dis- 
missal of  religious  with  perpetual 

—  in  non-exempt  clerical  and  in  all 
laical    organizations    494-498;    dis- 
missal of  religious  with  perpetual 
or  solemn  vows  in  clerical  exempt 
religious  organizations  499-513. 

WEEK,  a  period  of  seven  days  32. 

WITNESSES,  the  clergy  must  not  act  as 

—  in  criminal  cases  in  secular  courts 
115;  —  in  marriage  cases  1400  and 
1401. 

WOMB,  the  fetus  may  be  baptized  in 
the  mother's  —  only  when  there  is 
no  hope  that  the  child  can  be  born 
alive  589  and  590. 

WOMEN,  clergy  must  avoid  all  suspi- 
cious dealings  with  —  and  observe 
the  rules  of  law  concerning  —  liv- 
ing in  the  rectory  109. 

WORSHIP,  Divine,  various  kinds  of 
cult  1008;  public  and  private  — 
1099;  Catholics  forbidden  to  take 
active  part  in  the  —  of  non- Cath- 
olics noi;  prayer  and  religious  ex- 


422  THE  NEW  CANON  LAW 

ercises  held  in  any  church  or  oratory  WRITING,   appointment  to  any  office 

subject  to  bishop's  approval   1102;  should  be  done  in  —  126. 

Divine  services  governed  solely  by  YEAR,  period  of   three  hundred  and 

the  authority  of  the  Church  1103;  sixty-five  days  32;  year  of  novitiate 

how  men  and  women  should  assist  figured  in  such  a  way  that  the  first 

1105.  day  does  not  count  34,  3. 


APPENDIX 


THE  ELECTION  TO  OFFICES  IN  RELIGIOUS 
COMMUNITIES 

The  elections  in  religious  Orders  and  Congregations  must, 
according  to  Canon  507,  be  conducted  in  accordance  with  the 
rules  of  the  Code  laid  down  in  Canons  160-182,  observing  also 
the  particular  regulations  for  elections  contained  in  the  Con- 
stitutions of  the  religious  organizations,  provided  they  are  not 
contrary  to  the  laws  of  the  Code.  It  will,  therefore,  be  of 
value  to  religious  organizations  to  find  here  in  detail  the  rules 
which  the  Code  prescribes  for  ecclesiastical  elections.  (Cf. 
Canons  504-507,  Nos.  349-352.) 

The  election  of  the  Roman  Pontiff  is  solely  governed  by 
the  Constitution  of  Pope  Pius  X.  "Vacante  Sede  Apostolica," 
Dec.  25,  1904,  given  in  full  in  the  Appendix  to  the  Latin  Code. 

In  other  elections  the  rules  of  the  following  Canons  are 
to  be  observed  as  also  any  particular  laws  which  may  have  been 
legitimately  passed  for  the  election  to  certain  offices.  Regarding 
such  particular  laws,  however,  Canon  6,  §  1  of  the  Code  rules 
they  are  abolished  in  those  points  in  which  they  are  contrary 
to  the  law  of  the  Code.  (Canon  160.) 

If  a  college,  or  body,  of  men  or  women  has  the  privilege 
to  elect  a  person  to  a  vacant  office,  the  election  must  not  be 
delayed  for  more  than  three  months  from  the  time  notice  was 
received  of  the  vacancy  of  the  office.  The  term  three  months 
is  here  called  trimestre  utile,  which  means  that  there  must  have 
been  a  possibility  for  the  election.  If,  therefore,  •  for  reason 
of  war  or  other  causes  an  election  cannot  take  place  within  that 
time,  the  electors  do  not  lose  the  right  to  vote.  If  without  such 
good  reason  the  electors  let  the  time  go  by  without  coming  to 
an  election,  the  ecclesiastical  superior  who  has  the  right  to  con- 
firm the  election,  or  to  provide  in  case  of  invalid  election,  has 

423 


424  THE  NEW  CANON  LAW 

the   right  to    freely   appoint   some   one    for  the   vacant   office. 
(Canon  161.) 

Saving  particular  regulations  and  customs  for  the  con- 
vocation of  the  voters,  the  president  of  the  election  shall  sum- 
mon the  voters  in  the  usual  form  to  a  place  and  at  a  time 
convenient  to  the  voters.  If  the  particular  regulations  demand 
that  the  invitation  to  the  election  be  given  to  each  voter  indi- 
vidually, it  is  sufficient  for  the  validity  of  the  convocation  if 
the  notification  is  sent  to  the  domicile,  or  quasi-domicile,  or 
actual  residence,  of  the  voters. 

If  more  than  one-third  of  the  voters  was  not  called,  the 
election  is  ipso  jure  null  and  void.  If  those  not  called  are 
nevertheless  present  at  the  election,  the  lack  of  convocation  does 
not  invalidate  the  election. 

If  there  is  question  of  election  to  an  office  which  the  elected 
holds  for  life,  the  convocation  of  the  voters  before  the  vacancy 
of  the  office  has  no  legal  consequence.  (Canon  162.) 

If  the  convocation  has  been  legally  made,  only  those  present 
on  the  appointed  day  have  the  right  to  elect,  and  voting  by  letter 
or  by  proxy  is  excluded  unless  a  particular  law  rules  otherwise. 
(Canon  163.)  If  one  and  the  same  person  has  the  right  to 
vote  under  several  titles,  he  can  cast  but  one  vote.  (Canon  164.) 
No  one  outside  the  college  of  voters  can  be  admitted  to  cast  a 
vote,  saving  lawfully  acquired  privileges,  otherwise  the  election 
is  ipso  facto  null  and  void.  (Canon  165.)  If  laymen  interfere 
in  any  way  in  the  election  against  the  canonical  freedom  of  the 
election,  the  election  is  ipso  facto  null  and  void.  (Canon  166.) 

The  following  persons  cannot  cast  a  vote: 

1.  Persons  incapable  of  a  human  act. 

2.  Persons  under  the  age  of  puberty. 

3.  Persons  suffering  from  censure  or  infamy  of  law,  if 
such  censure  or  infamy  has  previously  been  announced  by  a 
declaratory  or  condemnatory  sentence  of  an  ecclesiastical  judge. 

4.  Persons  who  have  publicly  joined  an  heretical  or  schis- 
matical  sect,  or  publicly  adhere  to  such. 

5.  Persons  deprived  of  active  vote  either  through  legal 
sentence  of  a  judge,  or  by  the  common  or  particular  law. 

If  any  of  the  aforesaid  persons  are  admitted  to  the  voting, 
their  vote  does  not  count  but  the  election  is  valid  unless  it  is 


APPENDIX  425 

certain  that  the  elected  would  without  the  illegal  vote  not  have 
the  required  number  of  votes,  or  a  person  excommunicated  by 
a  declaratory  or  condemnatory  sentence  has  knowingly  been 
admitted  to  the  vote.  (Canon  167.) 

If  any  of  the  voters  is  present  in  the  house  in  which  the 
election  takes  place  but  cannot  take  part  in  the  election  on  ac- 
count of  ill  health,  his  written  vote  shall  be  obtained  by  the 
tellers,  unless  particular  laws  or  legal  customs  provide  other- 
wise. (Canon  168.) 

The  casting  of  the  vote  is  null  and  void  unless  it  is:  (1) 
free;  wherefore  a  vote  is  null  and  void  if  the  voter  was  forced, 
by  grave  fear  or  deceit,  either  directly  or  indirectly,  to  cast  his 
vote  for  a  certain  person,  or  for  several  persons  separately;  (2) 
secret,  certain,  absolute,  determined. 

The  vote  must  be  unconditional,  wherefore  any  conditions 
attached  to  it  are  to  be  ignored.  (Canon  169.)  No  one  can 
cast  validly  a  vote  in  his  own  favor.  (Canon  170.) 

Before  the  election  at  least  two  tellers  from  among  the 
voters  are  to  be  appointed  by  secret  vote,  unless  they  are  ap- 
pointed by  the  proper  statutes  of  the  organization.  The  tellers, 
and  also  the  president  if  he  also  is  one  of  the  college  of  electors, 
must  take  the  oath  to  faithfully  discharge  their  office,  and  to 
keep  secret  the  transactions  in  the  assembly  even  after  the  com- 
pletion of  the  election. 

The  tellers  shall  with  proper  diligence  take  care  that  the 
votes  arc  cast  by  each  of  the  voters  secretly,  singly  and  in  the 
order  of  precedence.  After  all  the  votes  have  been  cast,  they 
shall  before  the  president  of  the  election,  and  in  the  manner  pre- 
scribed in  their  own  proper  constitutions  or  by  legitimate  cus- 
tom, ascertain  whether  the  number  of  votes  corresponds  to  the 
number  of  voters,  they  shall  open  the  ballots  and  make  known 
how  many  votes  each  candidate  received. 

If  the  number  of  votes  is  larger  than  the  number  of  voters 
the  voting  is  null  and  void. 

The  ballots  are  to  be  burned  immediately  after  each  voting, 
or  after  the  session  if  several  votings  were  held  in  the  same 
session. 

All  proceedings  of  the  election  shall  be  accurately  recorded 
by  the  one  who  acts  as  secretary,  to  be  subscribed  at  least  by 


426  THE  NEW  CANON  LAW 

the  same  secretary,  the  president  and  the  tellers,  and  the  minutes 
shall  be  carefully  preserved  in  the  archives  of  the  college. 
(Canon  171.) 

Unless  the  law  rules  otherwise,  the  election  may  be  held 
also  by  compromise,  if  the  voters  by  unanimous  and  written 
consent  agree  to  transfer  for  that  one  election  the  right  of 
election  into  the  hands  of  one  or  several  qualified  persons  of  the 
college  of  voters,  or  also  of  outsiders,  who  shall  by  the  power 
thus  received  perform  the  election  in  the  name  of  all. 

If  there  is  question  of  a  clerical  college  of  voters,  the  per- 
sons chosen  by  compromise  must  be  priests,  otherwise  the  elec- 
tion is  null  and  void 

The  persons  appointed  by  compromise  must,  under  pain  of 
nullity  of  the  election,  observe  the  conditions  attached  to  the 
compromise,  if  they  are  not  against  the  common  law.  If  no 
conditions  were  attached  they  must  observe  the  common  law 
regulating  elections;  conditions  against  the  law,  however,  are 
considered  as  though  not  added. 

If  the  voters  by  compromise  appointed  only  one  person, 
this  one  cannot  elect  himself;  if  several  were  designated,  no  one 
of  these  can  add  his  vote  to  that  of  the  others  who  vote  for 
him  in  order  to  make  his  election  complete,  that  is,  to  obtain  the 
necessary  majority  of  votes.  (Canon  172.) 

The  compromise  ceases  and  the  right  of  election  is  returned 
to  the  voters:  (1)  by  recall  of  the  college  of  voters  before  the 
persons  appointed  by  compromise  have  commenced  to  make  use 
of  their  right;  (2)  if  one  of  the  conditions  of  the  compromise 
did  not  come  true  or  was  not  adhered  to;  (3)  if  the  election 
was  indeed  held  but  invalidly.  (Canon  173.) 

The  person  who  obtained  the  majority  of  votes,  as  pre- 
scribed by  Canon  101  (Cf.  No.  78),  is  considered  elected  and 
is  to  be  proclaimed  as  such.  (Canon  174.)  The  election  is  to 
be  made  known  at  once  to  the  person  elected,  and  within  eight 
days  at  the  most  from  the  time  he  received  the  information  he 
must  declare  whether  he  accepts  the  election  or  not ;  otherwise  he 
loses  every  right  acquired  by  the  election.  (Canon  175.) 

If  the  one  elected  renounces  his  election,  he  thereby  forfeits 
all  rights  acquired  by  the  election,  though  he  should  afterwards 
revoke  his  renunciation.  He  can,  however,  be  again  elected. 
The  college  of  voters  must  proceed  with  a  new  election  within 


APPENDIX  427 

one  month  from  the  date  on  which  they  receive  notice  of  the 
renunciation  of  the  person  first  elected. 

By  the  acceptance  of  the  election  the  one  elected  obtains 
full  rights  immediately  if  he  does  not  need  any  confirmation; 
otherwise  he  only  acquires  a  jus  ad  rem. 

Before  confirmation  has  been  received,  the  one  elected  is 
not  allowed  under  the  pretext  of  election  to  assume  the  office 
of  administration,  either  in  spiritual  or  temporal  affairs,  and 
any  acts  he  might  in  the  meantime  have  executed  are  null  and 
void.  (Canon  176.) 

The  person  elected  must,  if  he  needs  confirmation  of  the 
election,  ask  for  it,  either  himself  or  through  another,  from 
the  competent  superior  within  eight  days,'  otherwise  he  loses  all 
rights,  unless  he  can  prove  that  he  was  prevented  by  some  just 
impediment  from  asking  for  the  confirmation. 

The  superior  who  has  ascertained  that  the  person  elected  is 
qualified,  and  that  the  election  has  been  conducted  according  to 
the  rules  of  law,  cannot  withold  confirmation.  The  con- 
firmation must  be  given  in  writing.  With  the  confirmation  the 
one  elected  obtains  full  rights  to  the  office,  unless  the  law  rules 
otherwise.  (Canon  177.) 

If  the  election  was  not  completed  within  the  prescribed 
length  of  time,  or  if  the  college  of  voters  has  as  a  penalty  been 
deprived  of  the  right  to  hold  the  election,  the  free  appointment 
to  the  office  devolves  on  the  superior  who  would  have  had  the 
right  to  confirm  the  election,  or  who  succeeds  in  the  right  of 
making  provision  for  the  office  in  question.  (Canon  178.) 

ELECTION  BY  POSTULATION. 

If  the  election  of  the  person  whom  the  voters  think  most 
capable  and  preferable,  is  obstructed  by  some  impediment  on 
part  of  that  person,  and  if  the  impediment  is  of  a  nature  that  it 
can  be,  and  usually  is,  dispensed  from,  the  voters  can  by  their 
votes  request  the  competent  superior  to  allow  this  person's  elec- 
tion, unless  the  law  decrees  otherwise,  even  if  there  is  question 
of  an  office  for  which  the  elected  person  does  not  need  con- 
firmation. In  the  elections  made  by  Religious,  Canon  507  rules 
that  election  by  postulation  can  be  admitted  only  in  extraor- 


428  THE  NEW  CANON  LAW 

dinary  cases  and  only  if  not  forbidden  by  the  constitutions  of 
the  particular  religious  organization. 

The  persons  appointed  by  compromise  of  the  voters  to 
make  the  election,  cannot  postulate  unless  this  is  explicitly 
granted  to  them  in  the  mandate  or  compromise.  (Canon  179.) 

In  order  that  the  postulation  be  valid  the  majority  of  votes 
must  be  in  favor  of  it,  and  if  it  concurs  with  the  election  there 
must  be  at  least1  two-thirds  of  the  votes  in  favor  of  postulation. 
The  vote  for  postulation  must  be  expressed  by  the  term  postulo, 
or  its  equivalent ;  the  formula  eligo  vel  postulo,  or  an  equivalent 
one,  stands  for  election  if  there  be  no  impediment,  otherwise  for 
postulation.  (Canon  180.) 

The  postulation  must  be  forwarded  within  eight  days  to 
the  superior  who  has  the  power  to  confirm  the  election  if  he  has 
also  the  power  to  dispense  from  the  impediment ;  otherwise  to 
the  Roman  Pontiff  or  to  another  authority  having  the  needed 
faculty. 

If  the  postulation  was  not  sent  to  the  superior  within  the 
prescribed  time,  it  shall  be  ipso  facto  null  and  void,  and  the 
voters  lose  for  this  one  election  the  right  to  elect  or  postulate, 
unless  they  can  prove  that  they  were  prevented  by  a  just  im- 
pediment from  forwarding  the  postulation.  By  the  postulation 
the  person  named  for  the  office  does  not  acquire  any  right,  and) 
the  superior  may  reject  the  postulation.  After  the  presentation 
of  the  postulation  to  the  superior,  the  voters  cannot  recall  it 
except  with  the  consent  of  the  superior.  (Canon  181.) 

If  the  postulation  was  rejected  by  the  superior,  the  right 
of  election  is  restored  to  the  college  of  voters,  unless  the  voters 
knowingly  postulated  a  person  who  was  affected  by  an  impedi- 
ment of  such  nature  that  the  dispensation  could  not  be,  or  usually 
is  not  granted,  in  which  case  the  provision  for  the  office  belongs 
to  the  superior. 

If  the  postulation  is  approved,  the  person  thus  elected  for 
the  office  is  to  be  notified  and  he  must  within  eight  days  answer 
whether  or  not  he  accept  the  appointment  to  office.  If  he  ac- 
cepts, he  thereby  immediately  acquires  full  right  to  the  office  in 
the  same  manner  as  a  person  whose  election  is  confirmed. 
(Canon  182.) 


THE  LATEST  OFFICIAL  DECREES  AND  DECLARA- 
TIONS ON  VARIOUS  POINTS  OF  THE  CODE. 

1.  Fast  and  Abstinence  on  Holidays  of  Obligation.  The 
Pontifical   Committee    for   the   authentic   interpretation   of    the 
Code  answers  to  the  bishops  of  France  that  the  obligation  of 
fast  and  abstinence  is  not  removed  if  some  of  the  holidays  of 
obligation  of  the  Universal  Church  which  have  been  abolished 
for  France  should  fall  on  a  day  of  fast  or  abstinence.     Canon 
1252  is  therefore  to  be  understood  only  in  reference  to  holidays 
which  are  actually  of  obligation  in  a  country.     (Cf.  No.  1095.) 

2.  Application  of  Holy  Mass  on  Sundays  and  Holi- 
days.    The    Code   in   Canons   339   and  466   rules   that   the 
bishops  and  pastors  must  apply  Holy  Mass  for  the  people  on 
Sundays  and  holidays,  also  suppressed  holidays.    The  Holy  See 
was  requested  to  explain  what  days  are  meant  by  suppressed 
holidays.     The  answer  is  that  in  this  matter  nothing  has  been 
changed  by  the  Code  in  the  discipline  of  the  Church  hitherto  in 
force.     It  has  been  stated  repeatedly  that  by  the  holidays  on 
which  pastors  and  bishops  must  say  Holy  Mass  for  the  people, 
are  meant  the  feasts  enumerated  in  the  catalogue  of  Pope  Urban 
VIII.     (See  No.  311  on  page  79  in  this  book.)     It  is  also  quite 
certain  from  the  wording  of  the  Code  that  all  pastors  in  the 
United  States,  and  other  countries  not  subject  to  the  Propa- 
ganda, are  pastors  in  the  strict  sense  of  the  term.    Unless,  there- 
fore, the  Holy  See  grants  a  dispensation  in  view  of  the  difficulties 
under  which  many  a  pastor  in  the  United  States  is  laboring,  the 
decision  given  here  seems  to  settle  the  matter  as  far  as  the  inter- 
pretation of  the  law  of  the  Code  is  concerned. 

3.  The  Number  of  Holidays  of  Obligation  as  fixed  by 
the  Code  are  the  only  days  of  obligation,  and  the  Holy   See 
answers  that  holidays  of  obligation  kept  in  some  country  or 
diocese,  by  reason  of  particular  laws,  ancient  custom  or  special 
concession  of  the  Holy  See,  are  abolished  as  concerns  the  duty 
of  hearing  Holy  Mass  and  abstaining  from  servile  work.     (Cf. 
Canon  1247,  No.  1090;  Acta  Ap.  Sedis,  Vol.  X,  p.  170.) 

429 


430  THE  NEW  CANON  LAW 

4.  In  reference  to  the  Nuptial  Blessing  there  are  the 
following  declarations:   1.  Since  the  Ordinary  can  permit  the 
nuptial  blessing  also  during  the  closed  seasons  (Cf.  Canon  1108, 
No.  951),  the  question  arises  whether  and  how  the  commem- 
oration pro  sponsis  is  to  be  said  if  the  nuptial  blessing  is  allowed 
by  the  bishop  on  Christmas  or  on  Easter  Sunday.     The  answer 
is  that  the  oration  is  to  be  added  under  one  conclusion  to  the 
oration  of  the  day;  2.  To  the  question  as  to  whether  the  votive 
Mass  pro  sponsis  can  be  said  during  the  closed  seasons  of  Ad- 
vent and  Lent,  the  answer  is  that  if  the  Ordinary  for  a  good 
reason  allows  the  solemn  nuptial  blessing,  the  votive  Mass  can 
be  said  except  on  Sundays,  feasts  of  precept,  feasts  of  the  I.  and 
II.  class,  privileged  octaves  of  the  I.  and  II.  order,  privileged 
f erias  and  the  vigil  of  Christmas ;  3.  To  the  question  as  whether 
the  votive  Mass  pro  sponsis  can  be  said  on  the  privileged  vigils 
of  Pentecost  and  the  Epiphany,  the  answer  is  that  on  neither  vigil 
can  this  Mass  be  said.     (Cf.  Ada  Ap.  Sedis,  Vol.  X,  p.  332.) 

5.  Term  of  Office  of  Religious  Superiors.     Canon  505 
rules  that  the  term  of  office  of  local  superiors  shall  be  three  years, 
or  at  most  six,  in  the  same  house.     The  question  was  proposed 
whether  this  rule  is  to  be  applied  also  to  superiors  or  directors  of 
schools,  hospitals,  and  other  pious  or  charitable  institutions.    The 
answer  is  that  the  law  in  question  must  be  applied  also  to  these 
superiors  if  they  are  not  only  presidents,  directors,  etc.,  but  at  the 
same  time  superiors  of  the  religious  community.     (Cf,  No.  350.) 

6.  Impediments  of  Ordination.     By  the  law  of  Canon 
987,  n.  5,  men  held  to  the  ordinary  military  service,  in  countries 
where  all  able-bodied  young  men  are  subject  to  compulsory  mili- 
tary service,  are  forbidden  to  be  ordained  until  they  have  served 
their  term.    The  question  was  proposed  to  the  Committee  of  the 
Code  whether  this  prohibition  holds,  also  if  they  are  not  yet  of 
military  age  yet  far  enough  advanced  in  studies  to  receive  some 
orders,  or  if  they  have  been  called  and  examined  and  declared 
temporarily  unfit.     Furthermore,  it  was  doubted  whether  this 
prohibition  forbids  reception  of  major  orders  only,  or  also  of 
tonsure  and  the  minor  orders.    The  answer  is  that  the  prohibition 
holds  in  the  proposed  cases  and  for  all  orders. 

7.  Betrothal   Contract.     It  has  been   decided  by   the 
Committee  that  the  unjustified  breaking  of  a  betrothal  contract 


APPENDIX  431 

entitles  only  to  a  suit  for  damages,  and  that  pending  this  suit 
marriage  with  a  third  party  is  not  to  be  hindered  by  the  pastor. 
Furthermore  that  the  suit  for  damages  spoken  of  in  Canon  1017, 
§  3  is  a  matter  of  mixed  jorum,  that  is  to  say,  suit  can  be  brought 
either  in  the  ecclesiastical  or  the  civil  court,  at  the  option  of  the 
injured  party.  (Cf.  No.  861.) 

8.  Knowledge  of  Christian  Doctrine  of  People  about 
to  marry.     As  the  parties  should,  according  to  Canon   1020, 
know  the  Christian  doctrine,  it  was  asked  whether  in  case  of 
gross  ignorance  the  pastor  is  to  delay  marriage.    The  Committee 
answers  that  the  pastor  should  rather  teach  them  the  elementary 
points  of  Christian  doctrine.     If  the  parties  refuse  to  come  for 
instruction,  assistance  at  their  marriage  should  not  be  refused, 
as  is  clear  from  the  ruling  of  Canon  1066.     (Cf.  Nos.  863  and 
909.) 

9.  Publication   of  the   Banns   and   the   Testimonium 
Libertatis.     If  it  becomes  very  difficult  to  observe  the  law 
of  Canon  1023  (Cf.  866)  because  the  parties  lived  in  various, 
very  distant  places,  may  the  pastor  resort  to  the  supplementary 
oath  tendered  to  the  parties,  so  as  to  have  certainty  that  they  are 
not  married  already  to  some  one  else,  or  not  held  by  other  im- 
pediments?   The  answer  of  the  Committee  is  that  in  such  cases 
the  pastor  is  to  refer  the  matter  to  his  bishop,  who  may  use  his 
own  judgment  as  to  what  proof  is  sufficient,  and  who  may  also 
demand  the  oath. 

10.  Doubtful  Impediment  of  Consanguinity.     If  illicit 
and  secret  intercourse  had  preceded  the  birth  of  a  girl  who  is  to 
be  married,  so  that  doubt  arises  whether  she  is  perhaps  a  sister 
(natural  or  adulterous  child)  to  the  man,  or  his  daughter  in  case 
of  advanced  years  of  the  man,  may  marriage  be  allowed  as  long 
as  there  is  a  reasonable  doubt  concerning  these  relations?    The 
Committee  answers  that  Canon  1076,  §  3,  decides  these  cases  by 
forbidding  marriage  absolutely  as  long  as  these  impediments  ar$ 
in  doubt. 

11.  Impediments  of  Marriage  contracted  before  the 
Code  came  into  force  and  now  abolished.     The  Committee 
declares  that  engagement  and  marriage  must  be  judged  by  the 
laws  in  force  at  the  time  these  contracts  were  made.    Impediments 
such  as  the  fourth  degree  of  consanguinity,  third  and  fourth  of 
affinity,  affinity  from  illicit  intercourse,  and  others  which  have 


432  THE  NEW  CANON  LAW 

been  abolished,  cease  to  exist  wherefore  people  who  marry  after 
Pentecost,  May  19,  1918,  are  not  held  by  these  impediments 
though  they  had  contracted  them  before  the  new  law  came  into 
force.  If,  however,  marriage  was  contracted  before  that  date 
without  a  proper  dispensation,  the  marriage  is  null  and  void  and 
remains  invalid,  wherefore  it  must  be  validated  either  by  dispen- 
sation, or  by  sanatio  in  radice,  like  any  other  invalid  marriage. 

12.  Right    of    keeping    the    Blessed    Sacrament    in 
Churches  and  Chapels  of  Religious.    The  meaning  of  Canon 
1267  (Cf.  No.  1110)  is  according  to  the  declaration  of  the  Com- 
mittee of  the  Code  as  follows:    If  the  religious  house,  or  pious 
institute,  has  a  public  church,  and  the  community  uses  the  same 
for  the  ordinary  daily  religious  exercises,  the  Blessed  Sacrament 
is  to  be  kept  in  that  church  only.     If  this  is  not  the  case,  the 
Blessed  Sacrament  may  be  kept  in  the  principal  chapel  or  oratory 
of  the  religious  house  or  institute  without  prejudice  to  the  rights 
of  the  church,  if  it  should  be  entitled  by  law  to  have  the  Blessed 
Sacrament  as,  for  instance,  a  parochial  church.    If  there  are  sev- 
eral formally  distinct  and  separate  families  in  the  same  house  or 
institution,  each  may  have  its  own  chapel  with  the  Blessed  Sacra- 
ment, just  like  so  many  different  religious  houses  or  institutions. 

13.  Clerical  Societies  without  Vows.    The  Committee 
declares  that  the  following  Canons,  about  which  there  was  some 
doubt,  bind  also  the  clerical  societies  without  vows :  Canon  2386 
which  rules  that  a  religious  who  becomes  a  fugitive  is  ipso  facto 
deprived  of  any  office  he  holds,  and  if  a  cleric  in  major  orders  he 
incurs  suspension  reserved  to  the  major  superiors  of  the  religious 
organization.     Canon  2387,  which  states  that  a  religious  cleric 
whose  profession  is  invalid  through  wilful  fault  on  his  part,  is  to 
be  put  out  of  the  clerical  rank,  if  he  is  in  minor  orders,  and  if  he 
is  in  major  orders  he  is  ipso  facto  suspended  until  the  Holy  See 
shall  provide  for  him.     Canon  2389  which  rules  that  religious 
who  seriously  violate  the  law  of  common  life  prescribed  by  the 
constitutions,  and  do  not  amend  after  serious  admonition,  may 
be  punished  with  privation  of  active  and  passive  vote,  and  priva- 
tion of  office  if  they  are  superiors.     Canon  2410  which  imposes 
suspension  for  a  month  from  the  celebration  of  Holy  Mass  on  a 
superior  who  unlawfully  sends  his  subjects  for  ordination  to 
another  diocese,  this  Canon  applies  to  societies  without  vows  if 
they  have  the  privilege  to  issue  dimissorial  letters.     The  law  of 


APPENDIX  433 

Canon  2411  which  demands  that  superiors  be  severely  punished, 
not  excluding  privation  of  office,  if  they  receive  a  candidate  who 
does  not  have  the  requisite  qualifications  specified  in  Canon  542 
(Cf.  No.  387)  or  without  the  testimonials  demanded  by  Canon 
544  (Cf.  No.  389),  binds  also  clerical  organizations  without 
vows.  Canon  2413  which  rules  that  superiors  who  interfere  in 
any  way,  directly  or  indirectly,  with  the  visitation,  or  make  it 
ineffective  by  influencing  the  subjects  in  any  way,  are  to  be  de- 
clared by  the  visitor  incapable  of  being  elevated  to  any  office,  and 
are  to  be  deprived  of  the  office  they  hold,  besides  other  penalties 
which  the  constitutions  may  impose.  (Acta  Ap.  Sedis,  Vol.  X, 
p.  347.) 

14.  Latest  Faculties  of  Bishops  for  Impediments  of 
Marriage.  By  decree  of  the  S.  Consistorial  Congregation, 
Aug.  2,  1918,  the  bishops  of  America,  the  Philippine  Islands, 
the  East  Indies,  Africa  beyond  the  shores  of  the  Mediterranean, 
and  Russia,  receive  faculties  for  the  period  of  the  war  to  dis- 
pense from  the  impediment  of  mixed  religion  and  from  all  dir- 
iment impediments  of  marriage  except  the  priesthood  and  the 
affinitas  in  linea  recta,  consummate  matrimonio.  At  the  end  of 
each  year  they  shall  make  report  to  the  S.  Congregation  of  the 
Sacraments  of  the  number  and  kind  of  dispensations  which  they 
have  granted,  and  remit  at  the  same  time  the  fees  due  to  the  S. 
Congregation  for  the  dispensations.  (Acta  Ap.  Sedis,  Vol.  X, 
pag.  363.) 


The  Entire  Work  Revised  in  Accordance  with  The  New  Canon  Law 

THE  CASUIST 

A  Collection  of  Cases  in  Moral  and  Pastoral  Theology 

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